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Bombay High CourtCA/9030/2018delay condonatedrejected

Umakant Ramakantrao Nawghare v. Amol Yeshwantrao Bhise And ANR

2022-03-03Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

913 ca.9030.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

913 CIVIL APPLICATION NO.9030 OF 2018 IN FAST/17977/2018 UMAKANT RAMAKANTRAO NAWGHARE

VERSUS

AMOL YESHWANTRAO BHISE AND ANOTHER ...

Advocate for Applicant : Mr. Majit Shaikh, h/f Mr. Sachin S. Deshmukh. Advocate for Respondent No.1 : Mr. P. N. Kalani. Advocate for Respondent No.2: Mr. M. M. Ambhore. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

03rd March, 2022.

P.C.:

.

It is an application for condonation of delay moved by the applicant/original claimant.

Heard Mr. Majit Shaikh, holding for Mr. Sachin Deshmukh, learned counsel for applicant, Mr. P. N. Kalani, learned counsel for respondent No.1 and Mr. M. M. Ambhore, learned counsel for respondent No.2/insurance company.

Mr. Ambhore, learned counsel for respondent No.2/insurance company opposed to condone the delay. He submitted that no sufficient reason is assigned in this application to condone the delay. Mr. Kalani, learned counsel for respondent No.1 has no

913 ca.9030.18.odt objection to allow this application.

Mr. Majit Shaikh, holding for Mr. Sachin Deshmukh, learned counsel for claimant submitted that having regard to the nature of dispute and looking to the small volume of delay, the delay may be condoned.

For the reasons stated in the application for condonation of delay, more particularly paragraphs 3 and 4, and looking to the small volume of delay and considering the nature of dispute arising out of accident claim, the application needs to be allowed. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed in terms of prayer clauses (A) and (B).

II.

The Registry to make scrutiny of the appeal as per the procedure and it be numbered and placed before the Court for admission.

III.

The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga