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Bombay High CourtCA/2531/2022delay condonatedrejected

Santosh Bhima More (Minor) Thr Natural Guardian Mother Laxmibai Bhima More v. Vishwanath Santram Gade And ORS

2023-10-17Hon'Ble Shri Justice Arun R. Pedneker2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO.2531 OF 2022 IN FAST/10127/2021 SANTOSH BHIMA MORE (MINOR) THR NATURAL GUARDIAN MOTHER LAXMIBAI BHIMA MORE

VERSUS

VISHWANATH SANTRAM GADE AND ORS ...

Advocate for Applicant : Mr. Patel Fayaz K.

Advocate for Respondent No.3 : Mr. Anand Dale h/f Mr. S. S. Rathi ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

17/10/2023 PER COURT :

1.

The present appeal is filed along with an application for condonation of delay of 295 days caused in filing the appeal. The learned Advocate appearing on behalf of the Insurance Company has opposed the application.

2.

The learned Advocate appearing on behalf of the applicant/appellant submits that the applicant/appellant constrained to lead miserable life due to accident. He is only earning member of the family. Due to the COVID-19 pandemic, there was lockdown in the country and therefore he could not approach the Advocate at High Court.

3.

In view of the submission made and for the reasons stated in the

933 CA 2531-2022 application, the delay of 295 days caused in filing first appeal is condoned. Application is allowed and disposed of. 4.

The appeal is Admitted.

5.

After admission, the learned Advocate Mr. Anand Dale h/f Mr. S. S. Rathi waives service of notice on behalf of respondent No.3. 6.

Call for record and proceedings.

( ARUN R. PEDNEKER, J. ) vj gawade/-.