The New India Assurance Co Ltd Through Its Divisional Office Aurangabad v. Sartraj Peer Khan Pathan And ORS

2025:BHC-AUG:35383 35.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

35 CIVIL APPLICATION NO. 1222 OF 2024 IN FAST/2380/2024 THE NEW INDIA ASSURANCE CO LTD THROUGH ITS DIVISIONAL OFFICE AURANGABAD

VERSUS

SARTRAJ PEER KHAN PATHAN AND ORS ...

Advocate for Applicant : Mr. Ramesh Ramdas Imale. Advocate for Respondent Nos.1 to 4 : Mr. Shaikh Kayyum Najir. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

15th December, 2025.

P.C.:

Heard the learned counsel for the parties. Perused the application.

This is an application for condonation of delay of 138 days caused in filing the first appeal.

The learned counsel for the applicant submits that the delay caused due to procedural and administrative requirements for obtaining permission to file the appeal.

The learned counsel for respondent Nos.1 to 4 strongly opposes the application and submitted that there is no sufficient reason to condone the delay.

35.odt On perusal of the application, it appears that the delay has not been deliberately caused. Therefore, in the interest of justice, the delay deserves to be condoned.

For the reasons stated in the application, the delay stands condoned. The application stands allowed in the interest of justice. The appeal be registered.

Appeal:

Issue notice to the respondents, returnable on 2nd February, 2026. Mr. Shaikh Kayyum Najir, learned counsel waives notice on behalf of respondent Nos.1 to 4.

Call for record and proceedings.

[ SANJAY A. DESHMUKH, J. ] nga