Magma Hdi General Insurance Company Ltd v. Dashrath Pandhari Mali (Bansode) And ORS
77-ca-7108-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 7108 OF 2025 IN FAST/16694/2025 Magma Hdi General Insurance Company Ltd
VERSUS
Dashrath Pandhari Mali (bansode) And Ors ...
Mr. M. R. Deshmukh, Advocate for Applicant WITH CIVIL APPLICATION NO. 7110 OF 2025 IN FAST/16694/2025 .....
CORAM : AJIT B. KADETHANKAR.
DATED : 08TH SEPTEMBER, 2025 PER COURT :- CIVIL APPLICATION NO. 7108 OF 2025 .
Learned Advocate Mr. M. R. Deshmukh, appearing for applicant/appellant submits that there is delay of 52 days caused in filing the First Appeal. He further submits that the delay is neither intentional nor deliberate. He submits that on account of some administrative exigency, the delay is caused. Learned Advocate for applicant further submits that the appeal consists of good merit and in the capacity of custodian of public money, the appeal is filed which needs to be heard on its merits.
2.
Per contra, learned Advocate appearing for the claimants/real stake holders opposed the application
77-ca-7108-2025 vehemently.
3.
Having heard both the learned Counsels for the respective parties, I am of the opinion that the delay does not seems to be intentional nor deliberate to protract any litigation or to cause prejudice to the rights of any party. In the circumstances, following order:
a.
Civil Application stands allowed.
b.
Delay of 52 days caused in filing First Appeal stands condoned.
c.
Registry shall register the First Appeal, subject to removal of office objections, if any.
CIVIL APPLICATION NO. 7110 OF 2025 .
Mr. M. R. Deshmukh, learned Counsel for the applicant submits that the award amount directed by this Court could not be deposited within the given time and he further seeks additional time to deposit the award amount.
2.
Leave granted. The applicant shall deposit the payable award amount in this Court within a period of two weeks from today. Subject to this, the stay granted earlier shall continue for further two weeks. 3.
Stand over to 06.10.2025.
( AJIT B. KADETHANKAR, J. ) Rushikesh/2025