M/S Shriram General Insurance Co. Ltd., Thr Its Manager v. Pandurang Balaji Pawar And ANR

1 913 C.A. 8574.2019 in F.A.St. 21001.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO.8574 OF 2019 IN FAST/21001/2019 WITH CA/8575/2019 IN FAST/21001/2019 M/S SHRIRAM GENERAL INSURANCE CO.

LTD., THR ITS MANAGER

VERSUS

PANDURANG BALAJI PAWAR AND ANR ...

Mr.V.N.Upadhye,Advocate for applicant.

...

CORAM : V.L. ACHLIYA,J.

DATE : 23/01/2020 ...

ORAL ORDER:

1.

The applicant/appellant has preferred this application for condonation of 129 days delay in filing appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for applicant.

Respondent Nos. 1 and 2 though served, absent.

3.

On due consideration of submissions advanced in the light of unchallenged, uncontroverted pleadings made in the application, I am of the view the delay

2 913 C.A. 8574.2019 in F.A.St. 21001.2019 deserves to be condoned. No prejudice would be caused to respondents if delay is condoned as ultimately the case will be decided on merit. On the contrary, if delay is not condoned, serious prejudice would be caused to the applicant. Learned counsel for applicant submits that if amount is not already deposited, the same shall be deposited within four weeks.

I am, therefore, inclined to allow the application. Accordingly, the application is allowed in terms of prayer clause 'B'. Delay condoned.

Appeal be registered.

4.

Civil Application disposed of in above terms.

[V.L.ACHLIYA] JUDGE KNP