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Bombay High CourtCAF/10/2018disposed off

Oriental Insurance Company Limited v. Smt. Survarna Vaibhav Salunke And ORS.

2018-01-09Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Trupti 25-caf-10-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 10 OF 2018 WITH CIVIL APPLICATION NO. 11 OF 2018 IN FIRST APPEAL (ST.) NO. 32314 OF 2017 Oriental Insurance Company Limited ...Applicant

Versus

Smt.Suvarna Vaibhav Salunke & Ors.

...Respondents

......

Mr.A.K.Sharma for the Applicant.

Mr.P.J.Thorat for Respondent No.5.

......

CORAM: MRS.MRIDULA BHATKAR, J.

DATE : JANUARY 09, 2018 P.C.:

CIVIL APPLICATION NO. 10 OF 2018 1.

This Application is moved for condonation of delay of 315 days in filing First Appeal.

2.

The learned Counsel for the applicant has submitted that the delay is not deliberate but due to procedural requirement, delay is caused.

1 / 2

Trupti 25-caf-10-18.doc 3.

The learned Counsel for respondent no. 5 opposed this application.

4.

In view of the reasons mentioned in the application, delay of 315 days is condoned.

5.

Civil Application is allowed and is disposed of accordingly. 6.

First Appeal be registered.

CIVIL APPLICATION NO. 11 OF 2018

7. The learned counsel for the applicant/insurance company submitted that the insurance company has deposited the entire decretal amount along with interest accrued thereon. 8.

In view of this submission, the judgment and award dated 29th September, 2016 passed by the learned Member, Motor Accident Claims Tribunal, Pune in M.A.C.P. No. 300 of 2013 is hereby stayed till disposal of the Appeal.

9.

Civil Application is allowed and is accordingly disposed of. (MRIDULA BHATKAR, J.) 2 / 2