Smt. Shakuntala Somnath Chavan v. Mr. Babaji Namdeo Mandlik And ORS

7 caf 476-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 476 OF 2013 IN FIRST APPEAL (ST) NO. 36139 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Pritesh Bohade for the applicant.

Mr. Swapnil Walve for the respondent no.1.

Mrs. Varsha Chavan for respondent no.3.

CORAM : K. K. TATED, J.

DATED : 03/07/2015.

P.C.:

.

Heard learned Counsel for the parties.

This Application is preferred by the claimant for condonation of 3 years and 59 days delay in filing First Appeal challenging the award dated 16.07.2009 passed by the M.A.C.T. Niphad in M.A.C.P. No. 170 of 2005 The learned counsel for the respondent no.3 Insurance Co. vehemently opposed the present Civil Application. She submits that applicant has not shown sufficient cause for condonation of inordinate delay.

Sneha Chavan 1/2

7 caf 476-13=.doc Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in paragraph 11, 12 and 13 of the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. At the same time, applicant to pay cost of Rs.750/- to respondent no.1 and respondent no.3 within four weeks from today.

Hence, the following order:

i) Delay in preferring First Appeal is condoned.

ii) Applicant to pay cost of Rs.750/- each to respondent nos.1 and 3 within four weeks from today.

iii) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2