Daivshala Uttam Bhong And ORS v. Apparao Chaturbhuj Deshmukh And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 37 CIVIL APPLICATION NO.936 OF 2021 IN FAST/875/2021 DAIVSHALA UTTAM BHONG AND OTHERS

VERSUS

APPARAO CHATURBHUJ DESHMUKH AND ANOTHER ...

Advocate for Applicants : Mr.Shelke Manoj U.

Advocate for Respondent No.1 : Mr.Swami Sandeep C. and Mr. Mahesh B. Jadhav ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 02.01.2023 PER COURT :

Heard rival submissions. The applicants-claimants are seeking condonation of delay 2427 days which appears to be caused due to their financial crisis.

The learned counsel for respondent No.1 -owner strongly opposed the application on the ground that the delay is not properly explained. The respondent -Insurance Company though served, but remained absent.

2.

However, considering the statutory right of the applicants, the delay of 2427 days stands condoned subject to condition that the applicants shall not claim any interest for the aforesaid period of delay, if any favourable order is made.

3.

The appeal be placed for admission after removal of office objections, if any.

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE .....

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