Balbhim Nivrutti Rasane And ORS v. United India Insurance Co. Ltd., Thr Its Manager, Aurangabad And ORS

1 CA No.6236/21 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 8 CIVIL APPLICATION NO.6236 OF 2021 IN FAST/14405/2021 BALBHIM NIVRUTTI RASANE AND OTHERS

VERSUS

UNITED INDIA INSURANCE COMPANY LIMITED, THR ITS MANAGER, AURANGABAD AND OTHERS ...

Advocate for Applicants : Mr. Dhakane Rajendra B. Advocate for Respondent Nos. 2 and 3 : Mr. S.B. Kulkarni, Mr. S. S. Khadkekar and Mr. M.B. Ubale ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 30.01.2023 PER COURT :

The learned counsel for the applicants /appellants filed pursis along with death certificate of applicant No.1 -Balbhim Nivrutti Rasane. Taken on record. It appears that the dependents of the deceased in the accident claim are already on record and therefore, no need to bring the legal representatives of deceased Balbhim separately on record. As such, name of applicant /appellant No.1 Balbhim be deleted. Amendment be carried out forthwith. 2.

Heard rival submissions. The applicants are seeking condonation of delay of 207 days which appears to be caused due to

2 CA No.6236/21 their financial crisis. Though the learned counsel for respondent Nos. 2 and 3 strongly opposed the application, but considering the statutory right of the applicants, the delay of 207 days stands condoned subject to condition that the applicants shall not claim any interest for the aforesaid period of delay.

3.

Appeal be placed for admission after removal of office objections, if any.

4.

The application is disposed of accordingly.

(SANDIPKUMAR C. MORE) JUDGE .....

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