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Bombay High CourtCA/8725/2023admittedallowedgrantedrule absolute

The Oriental Insurance Co. Ltd., Through Its Branch Manager v. Afsarkhan Sherkhan Takari And ANR

2024-06-13Hon'Ble Shri Justice Kishore C. Sant2 pages

CA 5226/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CIVIL APPLICATION NO. 5226 OF 2024 IN FAST/19797/2023 WITH CIVIL APPLICATION NO. 8724 OF 2023 IN FAST/19797/2023 WITH CIVIL APPLICATION NO. 8725 OF 2023 IN FAST/19797/2023 ...

Afsarkhan Sherkhan Takari

VERSUS

The Oriental Insurance Co.ltd And Anr ...

Advocate for Applicant : Mr. M.M. Bhokarikar Advocate for Respondent No. 1 : Mr. S.M. Ganachari ...

CORAM

: KISHORE C. SANT, J.

Dated : June 13, 2024 PER COURT :- 1.

Though served, none appears for respondent No. 2. 2.

Civil Application No. 8724/2023 is filed for condonation of delay of 89 days caused in filing the first appeal, challenging the judgment and order dated 1.12.2022 passed by the learned MACP, Jalgaon in MACP No. 555/2019.

3.

Considering the reasons stated in the application and since the delay is hardly of 89 days, this Court is inclined to allow the application. The application stands allowed. Delay of 89 days is condoned. Office to register the first appeal. 4.

Since the appellant has already deposited the amount of compensation as directed by the learned MACP along with interest,

CA 5226/24 there shall be stay to the impugned judgment and order dated 1.12.2022 passed by the learned MACP, Jalgaon in MACP No. 555/2019. Civil Application No. 8725/2025 is allowed. 5.

Both the applications stand disposed of.

( KISHORE C. SANT, J. ) ssc/