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Bombay High CourtCA/9151/2017disposed offdismissed for default

National Insurance Co. Ltd, Thr Its Division Office Div. Manager, Aurangabad v. Nagnath Deorao Bacha And ANR

2018-06-19Hon'Ble Shri Justice K. K. Sonawane2 pages

1 908-CA-9151-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 9151 OF 2017 IN FAST/16815/2017 NATIONAL INSURANCE CO. LTD, THR ITS DIVISION OFFICE DIV. MANAGER, AURANGABAD

VERSUS

NAGNATH DEORAO BACHA AND ANR ...

Advocate for Applicant : Mr. Sudhir V. Kulkarni Advocate for Respondents No. 1 and 2 : Mrs. Pratibha J. Bharad. ...

CORAM : K.K. SONAWANE, J.

DATED : 19th JUNE, 2018.

Order :- 1.

Heard learned counsel for the applicant-Insurance Company and learned counsel for respondent No. 1 - original claimant. Despite service of notice, no one else turned up on behalf of respondent No. 2.

2.

There is delay of 10 days in filing the appeal against the impugned judgment and award dated 05-01-2017 passed by the Ex-Officio Member, Motor Accident Claims Tribunal, Nanded in MACP No. 189 of 2009.

3.

For the reasons stated in the application, there is no impediment to condone the delay. Accordingly, the civil application stands allowed in terms of prayer clause "B". The delay caused in filing the appeal against impugned judgment and award stands condoned. Registry to take to requisite steps for

2 908-CA-9151-17 further process.

4.

Issue notice to respondents, returnable on 10-07-2018. Mrs. Bharad, learned counsel waives service of notice on behalf of respondent No. 1.

5.

Call for record and proceedings.

6.

After compliance of procedural formalities, list the appeal for admission on 10th July, 2018.

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