United India Insurance Co. Ltd., Thr Its Div. Mananger, Aurangabad v. Jyoti Sanjay Omase And ORS

1 945 CA-5476-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 5476 OF 2018 IN FAST/11188/2018 UNITED INDIA INSURANCE CO. LTD., THR ITS DIV. MANANGER, AURANGABAD

VERSUS

JYOTI SANJAY OMASE AND ORS ...

Advocate for Applicant : Mr. M.A. Deshmukh h/f Mr. S.G. Chapalgaonkar Advocate for respondents No. 1 to 4 : Mr. N.B. Sandanshiv ...

CORAM : K.K. SONAWANE, J.

DATED : 4th JULY, 2018.

Order :- 1.

Heard learned counsel for the applicant. Despite service of notice, no one else appeared on behalf of respondent No. 5. 2.

Mr. Sandanshiv, learned counsel submits that he has instructions to appear on behalf of respondents No. 1 to 4 and undertakes to file the Vakalatnama on their behalf in the Registry during the course of day.

3.

Perused the application. Present application is moved by the applicant for condonation of (171) days delay caused in filing the first appeal against impugned judgment and award passed by the Member, Motor Accident Claims Tribunal, Ahmednagar in MACP No. 567 of 2016. 4.

For the reasons stated in the application , there is no impediment to condone the delay. Accordingly, the civil application stands allowed in terms of prayer clause "B". The delay caused in filing the first appeal against impugned judgment and award passed by the Tribunal stands condoned. Registry to take requisite steps for further process. The civil application stands disposed of.

2 945 CA-5476-18 5.

On registration of appeal, issue notice to respondents, returnable on 31st July, 2018. Mr. Sandanshiv, learned counsel waives service of notice on behalf of respondents No. 1 to 4.

6.

Meanwhile, call for record and proceedings.

[ K. K. SONAWANE ] JUDGE MTK.