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Bombay High CourtCA/619/2016disposed offdismissed for default

United India Insurance Co. Ltd. v. Abdul Nabisab Ghorwade And Others

2019-02-20Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) ca619.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.619 OF 2016 WITH FAST/2040/2016 UNITED INDIA INSURANCE CO. LTD.

VERSUS

ABDUL NABISAB GHORWADE AND OTHERS Mr.S.G.Chapalgaonkar, Advocate for the applicant Mr.F.K.Patel, Advocate for respondent No.1 CORAM : S.M.GAVHANE,J.

DATED :

20.02.2019 P.C. :- .

Heard learned counsel for the applicant/original respondent No.2. None present for respondent Nos. 2 and 3.

2.

Six days delay caused in filing the appeal against the judgment and award dated 29.09.2015 in MACP No.27/2009 passed by MACT, Latur is sought to be condoned by the applicant.

3.

Learned counsel for the applicant has invited my attention to the reasons of delay given in paragraph No.3 of the application and submitted that the delay is unintentional and the same is required to be condoned.

( 2 ) ca619.16 4.

Learned counsel for respondent No.1 has opposed to grant the application.

5.

Considering the grounds mentioned earlier and the submission of the learned counsel for the applicant I find that the applicant has properly explained the delay and there is sufficient ground to condone the same. Therefore, the application is allowed and disposed of. Delay is condoned.

6.

Appeal be registered. On registering the appeal, issue notice to the respondents, returnable on 18.04.2019. Mr.F.K.Patel, Advocate waives service of notice for respondent No.1 in appeal.

[S.M.GAVHANE,J.] VishalK/ca619.16