Shivaji Namdeo Kanwate v. Sandip Abarao Shelke And ORS

24-CA-5362-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5362 OF 2022 IN FIRST APPEAL (ST) NO. 6477 OF 2020 SHIVAJI NAMDEO KANWATE

VERSUS

SANDIP ABARAO SHELKE AND OTHERS ...

Mr. Fayaz K. Patel - Advocate for Applicant Mr. V.R. Mundada - Advocate for Respondent No.4 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th April, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 106 days, which appears to be caused due to his poor financial condition. The learned counsel for respondent no.4 - Insurance Company strongly opposed the application on the ground that, there is also circulation delay. 3.

However, considering the statutory right of the applicant and for the reasons stated in the application, the application 1/2

24-CA-5362-2022 is allowed and the delay of 106 days in this application stands condoned subject to condition that, the applicant shall not claim any interest for the period of aforesaid delay and also for delay in circulating the matter belatedly.

4.

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

5.

The application is accordingly disposed of.

FIRST APPEAL (ST) NO. 6477 OF 2020 6.

Call for record and proceedings.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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