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Bombay High CourtCA/4822/2023delay condonatedrejected

Parveen Mehmood Shaikh And ORS v. Eknath Pandharinath Wadekar And ANR

2023-07-13Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} 949-ca482223.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4822 OF 2023 IN FIRST APPEAL ST. NO. 8339 OF 2023 Parveen Mehmood Shaikh & others Applicants

Versus

Eknath Pandharinath Wadekar & another Respondents Mr. Y. K. Shaikh, advocate for the Applicants Mr. B. N. Gadegaonkar, advocate holding for Mr. S. R. Bagal, advocate for Respondent No.2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th July, 2023.

PC :

Heard rival submissions.

The applicants-claimants, are seeking condonation of delay of 133 days which appears to be caused due to their fnancial crisis.

The learned Counsel for the RespondentInsurance Company strongly opposed the application on the ground that the delay is not properly explained. However, considering the statutory right of the

{2} 949-ca482223.odt applicants, delay of 133 days stands condoned subject to the condition that the applicants shall not claim any interest for the aforesaid period of delay.

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

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb