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Bombay High CourtCAF/2145/2016

The New India Assurance Company Limited v. Smt. Vijaya Vidhyadhar Pathak And ORS.

2019-10-01Hon'Ble Shri Justice K.K. Tated2 pages

35 CAF 2145-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2145 OF 2016 IN FIRST APPEAL (ST.) NO. 35652 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court'

s orders or directions and Registrar'

s orders Court'

s or Judge'

s orders.

Shrikant Dange for the Applicant.

S. S. Redekar i/b Ergo Juris for Respondent Nos.1 & 2.

CORAM: K.K.TATED, J.

DATED : OCTOBER 1, 2019 P.C.

1 Heard.

2. Though Respondent No.4 is duly served, no one appeared on behalf of him when the matter is called out.

3. By this Civil Application, the Applicant is seeking condonation of 36 days delay in filing the First Appeal challenging the Judgment and award dated 07/07/2015 passed by the Motor Accident Claims Tribunal, Nashik in Motor Accident Claim Petition No. 1313/2012.

4. Considering the submission made by the Laxmi 1/2

35 CAF 2145-16.doc Learned Counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing this Civil Application.

Hence, the following order:

a. Delay in filing the First Appeal is condoned.

b. Civil Application stands disposed of accordingly.

c. No order as to costs.

(K.K.TATED, J.) Laxmi 2/2