Girish Bhagwan Mali v. Anil Pravin Kingaonkar And ANR

9203.17CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.9203 OF 2017 IN FIRST APPEAL STAMP NO.15437 OF 2017 GIRISH BHAGWAN MALI

VERSUS

ANIL PRAVIN KINGAONKAR & ANOTHER ...

Advocate for Applicant: Mr.Shrikant S. Patil Advocate for Respondent no.2 : Mr.S.R.Bodade ...

CORAM : V.L.ACHLIYA,J.

DATE : 07.02.2020 P.C.

1] The applicant has moved this application seeking condonation of 260 days delay in filing appeal for the reasons set out in detail in the application.

2] Heard learned counsel for the applicant-appellant and the advocate representing respondent-Insurance Company.

The respondent no.1 though served absent.

3] On due consideration of the submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning cause for condonation of delay, I am of the view that

9203.17CA.odt delay deserves to be condoned. No serious prejudice would cause to the respondents if delay is condoned, as ultimately the appeal will be decided on its own merit. If delay is not condoned, serious prejudice would cause to the applicant-appellant. Therefore, I am inclined to allow civil Application.

Accordingly, application is allowed in terms of prayer clause-b. Delay condoned.

4] Appeal be registered subject to removal of office objection.

5] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC