United India Insurance Co Ltd v. Gopal Badrinarayan Bidada And ORS

12608.10CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.12608 OF 2010 IN FAST/22885/2010 UNITED INDIA INSURANCE CO.LTD

VERSUS

GOPAL BADRINARAYAN BIDADA AND OTHERS ...

Advocate for Applicant : Ms.Sayli Tekale h/f. Mr.S.G.Chapalgaonkar Advocate for Respondent nos.1 to 3 :

Mr.P.C.Mayure h/f.Mr.S.G.Dargad ...

CORAM : V.L.ACHLIYA,J.

DATE : 10.12.2019 PER COURT:

1] This Application is filed for condonation of 58 days delay in filing First Appeal for the reasons set out in detail in the Application.

2] Heard learned counsel for the applicant and the respondent nos.1 to 3.

Advocate representing the respondent no.4 is absent.

3] On due consideration of the submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application, I am of the view that delay deserves to be condoned. In case

12608.10CA.odt delay is condoned, no serious prejudice would be caused to the respondents. On the other hand, in case delay is not condoned, there is every likelihood to cause prejudice to the applicant. I am, therefore, inclined to allow the Application. Accordingly, Application is allowed in terms of prayer clause-B. Delay is condoned. Appeal be registered.

4] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC