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Bombay High CourtCA/877/2025admittedallowedgrantedrule absolute

Pushpabai Arun Patil And ORS v. National Insurance Co. Ltd., Thr Its Divisional Manager, Aurangabad

2025-02-06Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 932- CA-877-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 877 OF 2025 IN FA/5103/2017 WITH CIVIL APPLICATION NO. 15454 OF 2023 IN FA/5103/2017 PUSHPABAI ARUN PATIL AND ORS ....Applicants

VERSUS

NATIONAL INSURANCE CO. LTD., THR ITS DIVISIONAL MANAGER, AURANGABAD .....Respondents .....

Advocate for Applicants : Mr. Anand L. Deshmukh Advocate for Respondent No.1 : Mr. A. B.Gatne ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 06 FEBRUARY , 2025

ORDER

IN CIVIL APPLICATION NO. 877/2025 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record being the Legal Representatives of deceased Arun Dault Patil i.e. the original respondent No.3, who admittedly died on 11.07.2024 by condoning the delay of 97 days.

3.

However, this application should have been filed by the

(2) 932- CA-877-2025.odt appellant/Insurance Company. As such, there is no question of condoning the delay as prayed and the application stands allowed in terms of prayer clause (C) only.

4.

The appellant/Insurance Company is directed to carry out necessary amendment within two weeks.

5.

Place the matter on 20.02.2025.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni