Shriram General Insurance Co. Ltd., Thr Its Authorized Officer v. Suvarna Sanjay Bhuigal And ORS

9530.17CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.9530 OF 2017 IN FIRST APPEAL (STAMP) NO.23583 OF 2017 THE SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS AUTHORIZED OFFICER -VERSUSSUVARNA SANJAY BHUIGAL AND ORS ...

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

Mr.Shrikishan S. Shinde, Advocate for respondent nos.1 to 4.

...

CORAM: V.L. ACHLIYA,J.

DATE : 11.02.2020 ORAL ORDER:

The applicant-appellant has moved this application for condonation of 36 days delay caused in filing appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicant-appellant and learned counsel representing the respondent nos.1 to 4.

Respondent no.5 is reported to be dead and respondent nos.1 to 4 are his legal heirs.

Respondent No.7 though served absent.

3.

On due consideration of submissions advanced in the light of unchallenged and uncontroverted pleadings made in the

9530.17CA.odt application assigning cause for condonation of delay and the delay being only 36 days, which cannot be termed as inordinate, I am of the view, the delay deserves to be condoned.

No prejudice would cause to the respondents in case the delay is condoned as ultimately the case will be decided on its own merits. I am therefore, inclined to allow this application. Accordingly, the application is allowed. Delay condoned. Appeal be registered subject to removal of office objections.

4.

Civil Application is disposed of in above terms.

[V.L. ACHLIYA] JUDGE SGA