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Bombay High CourtCA/4635/2020delay condonatedrejected

The National Insurance Co Ltd., Divisional Office At Station Road, Aurangabad v. Shivnanda Anand Magre And ORS

2020-12-09Hon'Ble Shri Justice V.L. Achliya2 pages

4635.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO.4635 OF 2020 IN FIRST APPEAL [STAMP] NO.12455 OF 2020 THE NATIONAL INSURANCE CO LTD.AURANGABAD

VERSUS

SHIVNANDA ANAND MAGRE & OTHERS ...

Mr.A.B.Kadethankar, Advocate for the applicant.

Mr.G.G.Suryawanshi, Advocate for the respondent nos.1 to 5.

Mr.J.N.Singh and G.K.Muneshwar, Advocate for the respondent nos.6 to 8.

...

CORAM : V.L.ACHLIYA,J.

DATE : 09.12.2020 P.C.

1] The applicant has moved this application seeking condonation of 40 days delay in filing appeal for the reasons set out in detail in the application.

2] Heard learned counsel for the applicant-appellant and learned counsel for the respondents.

3] On due consideration of the submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning cause for

4635.20CA.odt condonation of delay and only being 40 days, I am of the view that delay deserves to be condoned. If delay is condoned, no serious prejudice would be caused to the respondents as ultimately the matter would be decided on its own merits. Accordingly, application is allowed in terms of prayer clause-B. Delay condoned. Appeal be registered.

4] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC