Mandabai Dnyaneshwar Chavan And ORS v. Samadhan Namdeo Bawiskar And ORS

{1} ca4182.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4182 OF 2021 IN FIRST APPEAL ST. NO. 2144 OF 2020 Smt. Mandabai Dnyaneshwar Chavan and others Applicants

Versus

Samadhan Namdeo Bawiskar & others Respondents Mr. M. M. Bhokarikar, advocate for the Applicants Mr. C. V. Bhadane, advocate holding for Mr. S. V. Suryawanshi, advocate for Respondents No.1 & 2. Mr. S. S. Rathi, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 28th March, 2023.

PC :

Heard rival submissions.

The applicants-claimants are seeking condonation of delay of 193 days which appears to be caused due to their financial crisis.

The learned Counsel for the Insurance Company as well as Respondents No.1 and 2 strongly opposed the application on the ground that the delay is not properly explained.

{2} ca4182.21.odt However, considering the statutory right of the applicants, delay of 193 days stands condoned subject to the condition that the applicants shall not claim any interest for the aforesaid period of delay.

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

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb