The New India Assurance Co Ltd Through Its Manager v. Abhishek Nandkumar Akolkar And Others

{1} ca5267.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5267 OF 2015 IN FIRST APPEAL ST. NO. 20116 OF 2014 The New India Assurance Co. Ltd.

Applicant

Versus

Abhishek Nandkumar Akolkar & others Respondents Mr. M.M. Ambhore, advocate for applicant.

Mr. A.S. Shelke, advocate for respondent no. 1. CORAM : M.S. SONAK, J.

DATE : 31st JANUARY, 2018 PER COURT:

In this case, although, application for condonation of delay runs into 8 pages, there is no explanation for delay of 1115 days in instituting the appeal. It is pertinent to note that this appeal is instituted against an order made under Section 140 of the Motor Vehicles Act i.e. no fault liability. The application merely states that the appellant has a good case on merit and thereafter submits that sufficient cause must be liberally construed so as to advance substantial justice. Since there is no explanation for the delay, which is inordinate, Civil Application is dismissed. As a consequence, even appeal and Civil Application therein stands disposed of.

(M.S. SONAK) JUDGE adb