United India Insurance Co Ltd v. Patilbuwa Kashinath Kurlekar And ANR

920 CA NO. 9808 OF 2025+.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 9808 OF 2025 IN FAST/15804/2025 Patilbuwa Kashinath Kurlekar

VERSUS

United India Assurance Co Ltd Through Its Branch Manager And Anr ...

Mr. Dargad Swapnil Sunilkumar, Advocate for Applicant Mr. Atul B. Gatne, Advocate for Respondent No.1 WITH CIVIL APPLICATION NO. 6231 OF 2025 IN FAST/15804/2025 United India Insurance Co Ltd

VERSUS

Patilbuwa Kashinath Kurlekar And Anr ...

Mr. Atul B. Gatne, Advocate for Applicant Mr. Dargad Swapnil Sunilkumar, Advocate for Respondent No.1 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 14.11.2025 PER COURT :- APPLICATION FOR CONDONATION OF DELAY 1.

Heard the learned counsel for the parties.

2.

This is an application for condonation of delay of 47 days caused in filing the first appeal.

3.

The learned counsel for respondent strongly opposed the application and submitted that there is no sufficient reason to condone the delay.

(( 2 )) 920 CA NO. 9808 OF 2025+

4. Perused the application. For the reasons stated therein, the application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence the following order: ::ORDER::

a.

Civil Application is allowed and disposed of. b.

The delay of 47 days caused in filing the first appeal is hereby condoned.

FIRST APPEAL 1.

Issue notice to the respondents, returnable on 12.12.2025. 2.

Mr. S. S. Dargad, learned Advocate waives service of notice for Respondent No.1.

3.

Call for Record and Proceedings.

APPLICATION FOR WITHDRAWAL OF AMOUNT 1.

This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. 2.

Heard the learned advocates for both sides.

3.

Learned advocate for the respondent strongly opposed the application. He submits that the applicant has not suffered any permanent

(( 3 )) 920 CA NO. 9808 OF 2025+ disability to claim the compensation. However, the Reference Court has awarded compensation of Rs.25,000/-, against which the appeal is preferred. He, therefore, submits that the appeal be heard expeditiously. 4.

Perused the application. Considering the reasons stated therein, it would be proper to decide the appeal along with the present application simultaneously.

5.

List this application along with the First Appeal for final hearing on 12.12.2025.

[ SANJAY A. DESHMUKH, J. ] HRJadhav