Sanjay Gulab Patil v. Shriram General Insurance Co. Ltd., E-8, Epip, Riico, Sitapura, Jaipur And ORS

907-ca-6487-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6487 OF 2020 IN FAST/13926/2020 SANJAY GULAB PATIL

VERSUS

SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RIICO, SITAPURA, JAIPUR AND OTHERS ....

Ms. Sabahat T. Kazi, Advocate for the Applicant Mr. Swapnil S. Rathi, Advocate for respondent No.1 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 09th MARCH, 2022 PER COURT:- 1.

It is an application for condonation of delay moved by the applicant / original claimant.

2.

Heard Ms. Sabahat Kazi, learned counsel for the applicant and Mr. Swapnil Rathi, learned counsel for respondent no.1. Respondent Nos. 2 and 3 though duly served with notice, remained absent.

3.

Mr. Swapnil Rathi, learned counsel for respondent no.1 opposed to condone the delay. He submits that no sufficient reasons are assigned by the applicant for condonation of delay.

907-ca-6487-20 4.

Ms. Kazi, learned counsel for the applicant invited my attention to para no.3 of the application. She pointed out that after receiving the certified copy, the applicant fell down from motorcycle and he sustained grievous injuries, which ultimately resulted in delay. There was no intentional delay on the part of claimant.

5.

Having considered the submissions of learned counsel for both the sides and looking to the volume of the delay, and nature of dispute, I am of the considered view that delay needs to be condoned in the interest of justice.

O R D E R

(i) The application is hereby allowed in terms of prayer clause (B).

(ii) Registry to make scrutiny of the appeal and register the same as per due procedure, and thereafter, it be placed before the concerned Court for admission.

(iii) The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane