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Bombay High CourtCA/4969/2023delay condonatedrejected

Bharat Shahurao Maskar And ANR v. Baban Ashruba Mane And ORS

2023-07-11Hon'Ble Shri Justice Sandipkumar C. More2 pages

972-CA-4969-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 972 CIVIL APPLICATION NO. 4969 OF 2023 IN FIRST APPEAL (ST) NO. 2860 OF 2023 BHARAT SHAHURAO MASKAR AND ANOTHER

VERSUS

BABAN ASHRUBA MANE AND OTHERS ...

Mr. Sunil Nimbalkar h/f. Mr. A.S. Gandhi - Advocate for Applicants Mr. S.S. Rathi - Advocate for Respondent No.3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 11th July, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 154 days, which appears to be caused due to their poor financial condition. The learned Counsel for the Insurance Company strongly opposed the application.

3.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 154 days in this Pooja K.

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972-CA-4969-2023 application stands condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

4.

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

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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