The Oriental Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad v. Fauziyabi W/O Abdul Bari And ORS

3545.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.3545 OF 2018 IN FIRST APPEAL STAMP NO.6378 OF 2018 THE ORIENTAL INSURANCE CO. LTD. AURANGABAD

VERSUS

FAUZIYABI W/O.ABDUL BARI & OTHERS ...

Advocate for Applicant : Mr.Arun G. Kanade Advocate for Respondent nos.1 to 3 :

Mr.Hamzakhan Pathan ...

CORAM : V.L.ACHLIYA,J.

DATE : 10.12.2019 PER COURT:

1] This application is filed for condonation of 24 days delay in filing First Appeal for the reasons set out in detail in the application.

2] Heard learned counsel for the applicant-appellant and the respondent nos.1 to 3 i.e. claimants. Notice sent to respondent no.4 is returned unserved with endorsement that he is not residing on the given address; so also notice sent to respondent no.5 is returned unserved with endorsement that he refused to accept the notice. It is submitted that the respondent

3545.18CA.odt nos.4 and 5 were proceeded as ex parte before the Tribunal.

3] On due consideration of the submissions advanced in the light of the reasons assigned for condonation of delay and delay is only of 24 days, which cannot be termed as inordinate, I am of the view that delay deserves to be condoned. If delay is condoned, no serious prejudice would be caused to the respondents. Accordingly, application is allowed in terms of prayer clause-B. Delay is condoned. Appeal be registered.

4] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC