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Bombay High CourtCA/1172/2022disposed off

Mangesh Tukaram Sonar v. Yogesh Changdevrao Chormange And ORS

2023-04-12Hon'Ble Shri Justice Sandipkumar C. More2 pages

916-CA-1172-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.1172 OF 2022 IN FAST/22153/2020 MANGESH TUKARAM SONAR

VERSUS

YOGESH CHANGDEVRAO CHORMANGE AND ORS ...

Advocate for Applicant : Mr. Satyajeet S. Dixit Advocate for Respondent nos. 1 and 2 : Ms Nandini Chittal h/f Mr. Pratik P. Kothari ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 12TH APRIL, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 218 days, which appears to be caused due to his financial crisis. The learned Counsel for respondent nos. 1 and 2 strongly opposed the application on the ground that the delay is not properly explained and there is also circulation delay. The Insurance Company though served, but remained absent.

3.

However, considering the statutory right of the applicant and for the reasons stated in the application, the application is 1/2

916-CA-1172-2022 allowed and the delay of 218 days caused in this application stands condoned subject to condition that the applicant shall not claim any interest for the period of aforesaid delay and also for the delay in circulating the matter belatedly.

4.

The appeal be placed for admission after removal of office objections, if any.

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE SG Punde 2/2