Simon @ Simol Devidas Jadhav Thr Next Friend Devidas Bhagwat Jadhav v. Harshal Rajendra Gundecha And ANR

(1) CA-8489.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8489 OF 2019 IN FAST/7874/2019 SIMON @ SIMOL DEVIDAS JADHAV THROUGH NEXT FRIEND DEVIDAS BHAGWAT JADHAV

VERSUS

HARSHAL RAJENDRA GUNDECHA AND ANOTHER ...

Mr. Amol Gandhi, Advocate for the applicant.

Mr. S.R. Bodade, Advocate for respondent No.2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

16.11.2022.

ORDER :

1.

Heard rival submissions. The applicant is seeking condonation of delay of 332 days which appears to be caused due to his financial crisis. The learned Counsel for the Insurance Company strongly opposed the application on the ground that delay is not properly explained.

2.

However, considering the statutory right of the applicant, the delay of 332 days stands condoned subject to condition that he shall not claim any interest for the aforesaid period of delay.

3.

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

4.

The application is disposed of accordingly.

(SANDIPKUMAR C. MORE, J.) vd_dhirde