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Bombay High CourtCA/4554/2018disposed offdismissed for default

Icici Lombard General Insurance Co. Ltd., Thr Its Manager, Aurangabad v. Najubai Salim Thakre And ORS

2018-07-27Hon'Ble Shri Justice V.L. Achliya2 pages

1 C.A. 4554.2018 in F.A.St. 5858.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO. 4554 OF 2018 IN FAST/5858/2018 ICICI LOMBARD GENERAL INSURANCE CO. LTD., THR. ITS MANAGER, AURANGABAD

VERSUS

NAJUBAI SALIM THAKRE AND ORS.

......

Mr. A.G.Choudhari, Advocate for applicant.

Mr. P.C.Mayure, Advocate for Respondents.

......

CORAM : V.L.ACHLIYA, J.

DATE : 27th JULY, 2018 ......

ORAL ORDER :

1.

Heard learned counsel for the applicant and respondent Nos. 1 to 3. Respondent No. 4 though served, absent. 2.

By this application, the applicants are seeking condonation of 72 days delay in filing Appeal against the impugned Judgment and Award passed by the Tribunal for the reasons set out in detail in the application.

3.

Learned counsel for the applicants submits that the delay in filing Appeal was not deliberate. The procedure to secure approval from the higher authority. Learned counsel for respondent Nos. 1 to 3 submits that no sufficient cause is assigned to condone the delay.

4.

In the light of submissions advanced and the cause assigned to condone the delay, I am of the view that sufficient cause is

2 C.A. 4554.2018 in F.A.St. 5858.2018 assigned to condone the delay.

5.

The application is allowed in terms of prayer clause 'B'. Delay condoned. Appeal be registered.

6.

List the Appeal for admission on 07/08/2018.

[V.L.ACHLIYA] JUDGE KNP/C.A. 4554.2018 in F.A.St. 5858.2018