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Bombay High CourtCA/8808/2024admittedallowedgrantedrule absolute

The New India Assurance Co Ltd Branch Office, Parbhani Through Its Branch Manager v. Yamunabai Bhagwan Raut And Others

2025-04-08Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:10684 72-ca-8807-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8807 OF 2024 IN FAST/17581/2024 The New India Assurance Co Ltd Branch Office, Parbhani Through Its Branch Manager

VERSUS

Yamunabai Bhagwan Raut And Others ...

Advocate for Applicant : Mr. Imale Ramesh Ramdas Advocate for Respondent No.2 : Ms. Kirjawalekar Nikita Sanjay & Mr. Londhe R.V.

WITH CIVIL APPLICATION NO. 8808 OF 2024 IN FAST/17581/2024 ...

CORAM : S.G. CHAPALGAONKAR, J.

DATED : APRIL 08, 2025 PER COURT :

1.

Heard Mr. Imale, learned advocate appearing for the applicant.

2.

The applicant seeks to condone delay of 133 days caused in filing the appeal.

3.

Perused the application and reasons as stated therein. Apparently, delay is occasioned on account of administrative exigency. The applicant has not derived any advantage by making such delay. The contents of the application are not controverted by respondents. In that view of the matter, sufficient cause is made out to condone the delay. Hence, following order :

72-ca-8807-2024.odt (2)

O R D E R

(i) The application is allowed.

(ii) Delay of 133 days caused in filing the appeal is condoned. (iii) Appeal be registered subject to removal of office objections. Stay Application :- 4.

Heard Mr. Imale, learned advocate appearing for the applicant.

5.

Mr. Imale, learned advocate appearing for the applicant submits that the entire amount as per the award passed under appeal has been deposited with the registry of this Court. His statement is supported by office endorsement.

6.

In that view of the matter, the application is allowed in terms of prayer clause (B) and disposed of.

(S.G. CHAPALGAONKAR, J.) Mujaheed//