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Bombay High CourtCA/10113/2021delay condonatedrejected

Pandit Rambhau Kanse v. Madhav Subhash Darade And ORS

2023-01-30Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 49 CIVIL APPLICATION NO.10113 OF 2021 IN FAST/23995/2021 PANDIT RAMBHAU KANSE

VERSUS

MADHAV SUBHASH DARADE AND OTHERS ...

Advocate for Applicant : Mr. Kulkarni Girish N. (Mardikar) Advocate for Respondent No.3 : Mr. Upadhye Vinayak Narayan ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 30.01.2023 PER COURT :

Heard rival submissions. The applicant is seeking condonation of delay of 642 days which appears to be caused due to his financial crisis. The learned counsel for the respondent -Insurance Company strongly opposed the application on the ground that delay is not properly explained and there is also circulation delay. However, considering the statutory right of applicant, the delay of 642 days stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid delay and also for the delay in circulating the matter belatedly, on the enhanced compensation, if granted.

2.

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

3.

The application is disposed of accordingly.

(SANDIPKUMAR C. MORE) JUDGE .....

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