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Bombay High CourtCA/4006/2022admittedallowedgrantedrule absolute

Kishor Rakhmaji Dhanwate And ANR v. New India Insurance Co. Ltd., Thr Its Branch Manager And ANR

2024-02-13Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

{1} 954 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO. 4006 OF 2022 IN FAST/24560/2019 Kishor Rakhmaji Dhanwate And Anr ....Applicant

VERSUS

New India Insurance Co. Ltd., Thr Its Branch Manager And Anr .....Respondent .....

Advocate for Applicant : Mr. Shaikh Majit S Advocate for Respondent No.1 : Mr. Ambhore M.M. CORAM : S.G. CHAPALGAONKAR, J.

DATE : 13TH FEBRUARY, 2024.

ORDER :- By this application, the applicants seek to condone the delay of 487 days caused in filing the first appeal against the judgment and award dated 5.1.2018 passed by Motor Accidents Claim Tribunal, Shrirampur in MACP No. 259 of 2015.

2.

Having considered the reasons as stated in para. Nos. 2 to 4 of the application, it can be gathered that there are sufficient grounds to condone the delay. Resultantly, the applications deserve to be allowed. Hence, the order :-

O R D E R

[I] Civil applications are allowed.

[ii] Delay of 487 days caused in filing the appeal is

{2} 954 sr.no..odt condoned [iii] Appeal be registered.

[iv] On registration of appeal, issue notice to respondents returnable on 26th March, 2024.

[v] Mr. Ambhore, Adv. Waives notice for R-1.

[vi] Call for R.& P.

[S.G. CHAPALGAONKAR] JUDGE grt/-