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Bombay High CourtCA/8770/2016disposed offdismissed for default

United India Assurance Co. Ltd. Thr Its Deputy Manager Tp Hbu, Rahul Narayan Kulkarni v. Sourabh Naresh Khot And ORS

2016-10-24Hon'Ble Shri Justice P.R. Bora2 pages

50 ca 8770.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 50 CIVIL APPLICATION NO. 8770 OF 2016 IN FAST/18973/2016 UNITED INDIA ASSURANCE CO. LTD. THR ITS DEPUTY MANAGER TP HBU, RAHUL NARAYAN KULK

VERSUS

SOURABH NARESH KHOT AND ORS ...

Advocate for Applicant : Rathi Swapnil S.

Advocate for Respondents : Krushna S. Solanke, h/f. S.J. Salunke ...

CORAM : P.R. BORA, J.

DATE : 24-10-2016.

P.C. :

1.

All the respondents are duly served. Learned counsel Mr. Krushna S. Solanke, has appeared for the original claimants i.e. Respondent nos. 1 to 3. In the present matter delay of 540 days has occurred in filing the present appeal. Learned counsel for the original claimants has opposed for condoning the delay, stating that the reasons are insufficient for condoning the delay. I have gone through the contents of the application, it appears that, the delay is sufficiently explained, otherwise also the matter needs to be decided on merits. Hence the following order. Application is allowed. Delay is condoned. Appeal be registered in accordance with law. Civil application stands disposed of. 2.

In view of the fact that the insurance company has deposited the amount as directed by this court by order passed on

50 ca 8770.16.odt 21.06.2016, the interim stay granted to the execution of the impugned award is made absolute. Civil application disposed of. 3.

On registration of appeal, issue notice to the respondents, learned counsel K.S. Solanke waives for respondents. Call record and proceedings.

(P.R. BORA) JUDGE mub