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Bombay High CourtCA/6714/2016admittedallowedgrantedrule absolute

New India Insurance Co. Ltd. v. Chandrakant Gangadhar Kandalkar And ANR

2017-10-05Hon'Ble Shri Justice K. K. Sonawane2 pages

1 933-CA-6714-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 6714 OF 2016 IN FAST/15435/2016 NEW INDIA INSURANCE CO. LTD. AND ANR

VERSUS

CHANDRAKANT GANGADHAR KANDALKAR AND ANR ...

Advocate for applicant : Mr. S.G. Chapalgaonkar Advocate for Respondents No. 1 and 2 : Mr. Rahul A. Tambe Advocate for Respondent No. 3 : Mr. P.S. Dighe ...

CORAM : K.K. SONAWANE, J.

DATED : 05TH OCTOBER, 2017.

Order :- 1.

Heard learned counsel for appearing parties.

2.

Present application is filed by the applicant-Insurance Company for condonation of delay (05) days caused in filing the appeal against the impugned Judgment and Award dated 26-11-2015 passed by the learned Motor Accident Claims Tribunal, Shrirampur, in MACP No. 15 of 2012.

3.

Perused the application. There is meagre delay of five (05) days in filing the appeal. In view of the nature of subject-matter and the reasons mentioned the application, the same is allowed in terms of prayer clause "B". The delay of (05) days caused in filing the appeal against the impugned Judgment and Award dated 26-11-2015 passed by the learned Motor Accident Claims Tribunal, Shrirampur, in MACP No. 15 of 2012 is hereby condoned. Registry to take requisite steps for further process.

2 933-CA-6714-16 4.

On registration of appeal, issue notice to respondents, returnable on 13th November, 2017. Mr. Tambe learned counsel waives service for respondent Nos. 1 and 2 and Mr. Dighe, learned counsel waives service for respondent No. 3.

5.

Meanwhile, call for record and proceedings.

6.

The civil application is allowed in above terms and stands disposed of.

Sd/- [ K. K. SONAWANE ] JUDGE mtk.