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Bombay High CourtCA/7315/2018delay condonatedrejected

M/S Shriram General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad v. Kamalbai Bhaskar More And ORS

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

7315.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7315 OF 2018 IN FIRST APPEAL [STAMP] NO.15100 OF 2018 ...

M/S.SHRIRAM GENERAL INSURANCE COMPANY LIMITED.

VERSUS

KAMALBAI BHASKAR MORE & OTHERS ...

Mr.S.G.Chapalgaonkar, Advocate for the applicant-appellant.

Mr.V.G.Kodale, Advocate h/f. Mr.V.D.Gunale, Advocate for the respondent nos.1 and 2.

...

CORAM : V.L.ACHLIYA,J.

DATE : 09.12.2020 P.C.

1] Mr.Chapalgaonkar, learned counsel for the applicant-appellant tenders a pursis to delete the name of respondent no.5, namely, Sonabai Laxman More, in view of her death. The said pursis is taken on record and marked 'X' for identification.

2] The learned counsel for the applicant-appellant to delete the name of the respondent no.5 on his own risk.

7315.18CA.odt 3] A note to that effect be taken as against the name of the respondent no.5 forthwith.

4] The applicant has moved this application seeking condonation of 103 days delay in filing appeal for the reasons set out in detail in the application.

5] Heard learned counsel for the applicant - appellant and learned advocate representing the respondents - claimants. The respondent nos.6 and 7 though served absent.

6] 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 delay deserves to be condoned. Accordingly, application is allowed in terms of prayer clause-B. Delay condoned. Appeal be registered.

7] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC