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Bombay High CourtCA/9505/2018delay condonatedrejected

Oriental Insurance Co. Ltd., Thr Its Manager, Nande v. Pyaribi Ahmed Khan Pathan And ORS

2020-12-11Hon'Ble Shri Justice V.L. Achliya2 pages

9505.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.9505 OF 2018 IN FIRST APPEAL (STAMP) NO. 20635 OF 2018 ORIENTAL INSURANCE COMPANY LTD.,

VERSUS

PYARIBI W/O AHMED KHAN PATHAN AND OTHERS.

...

Mr.U.S. Malte, Advocate for the applicant.

Mr.A.M. Hajare, Advocate for respondent nos.2/1 to 2/4.

...

CORAM : V.L.ACHLIYA,J.

DATE : 11.12.2020 ORAL ORDER :

.

The applicant-appellant moved this application seeking condonation of 63 days delay in filing appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicant-insurance Company and respondent nos.2/1 to 2/4-claimants.

3.

On due consideration of submissions advanced in the light of overall facts of the case and cause assigned for condonation of delay remained unchallenged and uncontroverted, I am of the view, the delay deserves to be condoned. If the delay is condoned, no prejudice would cause to other

9505.18CA.odt side as the appeal will be decided on merit.

Accordingly, the application is allowed in terms of prayer clause "B".

4.

Delay condoned. Appeal be registered subject to removal of office objection.

5.

The application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE SGA