Bharti Axa General Insurance Co. Ltd., Thr Its Manager Mr. Idris Khanwala Nagpur v. Kalpana Munjaji Kale And ORS

1 950-CA-3856-18-D

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3856 OF 2018 IN FAST/3123/2018 BHARTI AXA GENERAL INSURANCE CO. LTD., THR ITS MANAGER MR. IDRIS KHANWALA NAGPUR

VERSUS

KALPANA MUNJAJI KALE AND ORS ...

Advocate for Applicant : Mr.S. S. Patil h/f. Mr. R. H. Dahat ...

CORAM : K.K. SONAWANE, J.

DATED : 26th JUNE, 2018.

Order :- 1.

Heard Mr. Patil h/f. Mr. Dahat, learned counsel for applicantInsurance Company, Despite service of notice, no one else appeared for respondents. Perused the application and relevant documents. 2.

The present application is moved for condonation of 27 days delay caused for filing first appeal against impugned Judgment and Award passed by learned Motor Accident, Claims Tribunal, Parbhani in M.A.C.P. No. 335 of 2016 dated 04-10-2017.

3.

In view of reasons mentioned in the application, there is no impediment to allow the application for condonation of delay caused in filing the first appeal. It would not cause any prejudice or injustice to the respondents. In contrast, it would sub-serve the purpose for substantial justice. Hence, the application deserves to be allowed. Accordingly, the application stands allowed in terms of prayer clause (B). The delay caused in filing first appeal against the impugned Judgment and Award is hereby condoned. The Registry to take requisite steps for further process. The civil application stands disposed of in above terms.

2 950-CA-3856-18-D 4.

On registration of appeal, issue notice to the respondents, returnable on 24th July, 2018.

5.

Meanwhile, call for record and proceedings from the concerned Tribunal.

6.

After compliance of procedural formalities, list the appeal for admission.

[ K. K. SONAWANE ] JUDGE rrd.