Cholamandalam General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad v. Alka Ajinath @ Adinath Sasane And Os

{1} ca7498.18.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7498 OF 2018 IN FIRST APPEAL ST. NO. 16013 OF 2018 Cholamandalam General Insurance Co. Ltd.

Applicant

Versus

Alka Ajinath @ Adinath Sasane & others Respondents Mr. S.G. Chapalgaonkar, advocate for applicant Mr. S.D. Kotkar, advocate for respondents no. 1 to 6. CORAM : P.R. BORA, J.

DATE : 11th FEBRUARY, 2019 PER COURT:

1.

Heard Mr. Chapalgaonkar, learned counsel for the applicant and Mr. Kotkar, learned counsel for respondents no. 1 to 6. Respondent no. 7 though has been duly served, no one has entered appearance on his behalf.

2.

Mr. Kotkar has strongly opposed for condonation of delay stating that the reasons as are provided are not sufficient to condone the delay of 274 days.

Learned counsel Mr. Chapalgaonkar submits that the reasons are properly explained and an opportunity needs to be granted to the insurance company to prosecute its appeal on merit.

3.

On perusal of the contents of the present application as well as grounds of objection raised by the insurance company in exception to the impugned judgment and award, I am inclined to

{2} ca7498.18.odt allow the present application. Hence the following order :

ORDER

i) Civil application is allowed.

ii) Delay caused in filing the appeal is condoned. iii) Appeal be registered in accordance with law.

iv) Civil application stands disposed of.

(P. R. BORA, J) dyb