Babu Harji Rathod And ANR v. Vashram Govind Jadhav And ANR

2 CA-2198-2019

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 CIVIL APPLICATION NO. 2198 OF 2019 IN FIRST APPEAL (ST) NO. 2133 OF 2019 WITH CA/4184/2019 IN FAST/2129/2019 WITH CA/1209/2023 IN X-OBJ/2/2023 BABU HARJI RATHOD

VERSUS

VASHRAM GOVIND JADHAV AND ANOTHER ...

Mr. R.A. Tambe - Advocate for Applicant Mr. S.P. Tiwari - AGP for Respondent, State Mr. U.A. Sayyed h/f. Mr. K.N. Shermale - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th August, 2023 PER COURT :

CIVIL APPLICATION NO. 2198 OF 2019 CIVIL APPLICATION NO. 4184 OF 2019 1.

Heard rival submissions.

2.

The respective applicants are seeking condonation of delay periods mentioned in these applications, which appear to be caused due to their poor financial condition. 3.

The learned Counsel for Insurance Company strongly opposed the applications on the ground that, no reasonable Pooja K.

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2 CA-2198-2019 cause is mentioned for condoning the delay periods. 4.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods mentioned in these applications stand condoned subject to condition that the applicants shall not claim any interest for the periods of aforesaid delay.

5.

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

6.

The applications are accordingly disposed of. CIVIL APPLICATION NO. 1209 OF 2023 7.

The application for condonation of delay in filing Crossobjections. However, office note shows that, the crossobjections are filed within limitation. 8.

As such, the Civil Application stands disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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