The National Insurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Rupali Rajendra Aadkine And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO.3541 OF 2020 IN FAST/9377/2020 THE NATIONAL INSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD

VERSUS

RUPALI RAJENDRA AADKINE AND ORS Mr A.B. Kadethankar, Advocate for applicant CORAM : SHRIKANT D. KULKARNI, J.

DATE : 9th DECEMBER, 2021 PER COURT :

1.

Mr A.B. Kadethankar, learned Counsel for applicant submits that notice of respondent no.4 is returned unserved since reported to be dead as per Bailiff's report. Respondents no.1 to 3 are the legal heirs of respondent no.4 who are on record. As such, there is no need to take any kind of steps. 2.

It is an application for condonation of delay moved by the applicant/ Insurance Company.

3.

Heard Mr Kadethankar, learned Advocate for the applicant. None present for respondents no.1 to 3 and 5 in spite of proper service of notice. 4.

There seems to be delay of 1066 days in preferring the first appeal. The applicant has assigned the reasons for condonation of delay in paragraphs 2 to 7 of the application.

5.

For the reasons stated in the application, more particularly, in paragraphs no.2 to 7, delay needs to be condoned in the interest of j ustice.

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ORDER

(I) The Civil Application is hereby allowed in terms of prayer clause (B).

(ii) The Registry to make scrutiny of the appeal and it be numbered and placed before the Court for admission on 13th January 2022. ( SHRIKANT D. KULKARNI, J.) vvr