Cholamandalam Ms General Insurnace Company Limited v. Radhabai Dinkar Patil And 6 Others

2024:BHC-AUG:9397-DB 932-CA-2112-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2112 OF 2024 IN FIRST APPEAL (ST) NO. 4645 OF 2024 Cholamandalam MS General Insurance Co. Ltd.

..APPLICANT

VERSUS

Radhabai Dinkar Patil and Others ..RESPONDENTS ....

Mr. A.S. Usmanpurkar, Advocate for applicant ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 02nd MAY, 2024 PER COURT :

1.

This is an application for condonation of forty eight day's delay in preferring first appeal against judgment and award dated 07th September, 2023 passed by Motor Accident Claims Tribunal, Latur in Motor Accident Claims Petition No. 153 of 2015.

2.

Office note shows that all the respondents have been served. However, none appears for Respondent Nos.1 to 5. Learned counsel for Respondent Nos.6 and 7 is absent. On the previous date also none appeared for the respondents.

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932-CA-2112-24.odt 3.

For the reasons given in the application, we proceed to pass the following order :-

ORDER

(I) Civil application is allowed.

(II) Delay of forty eight days in filing the first appeal stands condoned.

(III) First appeal be registered. On registration, issue notice before admission to the respondents.

(IV) Call Record and Proceedings with Paper-book.

(V) List the first appeal on 25th June, 2024.

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2