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Bombay High CourtCA/7249/2022delay condonatedrejected

Shakuntala Bhausaheb Mane And ORS v. Shriram General Insurance Co. Ltd., Thr Its Branch Manager And ORS

2022-11-25Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca7249.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7249 OF 2022 IN FIRST APPEAL ST. NO. 17628 OF 2020 Shakuntala w/o Bhausaheb Mane and others Applicants

Versus

Shriram General Insurance Co.Ltd.

And others Respondents Mr. B. M. Dhanure, advocate for the Applicants Mr. A. D. Dale, advocate holding for Mr. S. S. Rathi, advocate for Respondent No.1.

Mr. F. K. Patel, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 25th November, 2022.

PC :

Heard rival submissions.

The applicants are seeking condonation of delay of 466 days which appears to be caused due to their fnancial crisis. The learned Counsel for Respondent No.1-Insurance Company strongly opposed the application on the ground that the delay is not properly explained.

However, by considering statutory right of the

{2} ca7249.22.odt applicants, delay of 466 days stands allowed subject to the condition that the applicants shall not claim any interest for the aforesaid period of delay.

Appeal be placed for admission after removal of offce objections, if any.

(SANDIPKUMAR C. MORE) JUDGE adb