Prasad Maharu Patil (Desale) v. National Insurance Co. Ltd., Thr Its Authorized Official, Aurangabad And ORS

902 CA 2897-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 2897 OF 2022 IN FIRST APPEAL (ST) NO. 10970 OF 2021 PRASAD MAHARU PATIL (DESALE)

VERSUS

NATIONAL INSURANCE COMPANY LTD THROUGH ITS AUTHORIZED OFFICIAL AURANGABAD AND OTHERS ...

Mr. Manish V. Bhamre - Advocate for Applicant ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 16th JANUARY, 2025 PER COURT :

CIVIL APPLICATION NO. 2897 OF 2022 1.

This is an application filed for condonation of delay of 268 days caused in filing the First Appeal.

2.

Perused the application.

3.

Learned advocate for applicant submits that, due to Covid-19 lockdown, the applicant could not contact with his advocate therefore, some documents were not collected. The applicant is poor person, he could not arrange the funds for filing appeal. He submits that, these grounds are sufficient for condonation of delay. 4.

On perusal of the application and considering the fact that the Pooja Kale 1/2

902 CA 2897-2022 delay is not deliberately caused. The application therefore deserves to be allowed. The application is allowed and delay of 268 days is condoned in the interest of justice.

5.

The application is disposed of.

FIRST APPEAL (ST) NO. 10970 OF 2021 6.

Issue notice to the respondents, returnable on 27th February, 2025.

7.

Learned advocate for appellant submits that, respondent No.1 - Insurance Company has also preferred the appeal bearing First Appeal (ST) No. 33497 of 2019 [National Insurance Company Ltd. Vs. Prasad Maharu Patil (Desale)] against the same judgment and award. The above First Appeal (st) No.33497 of 2019 be tagged with this appeal.

8.

Call for record and proceeding.

[ SANJAY A. DESHMUKH ] JUDGE Pooja Kale 2/2