Meenabai Popat Mhaske v. The Manager, Bajaj Allianz General Insurance Co. Ltd., Pune And ORS

1017-ca-9725-19 (delay).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1017 CIVIL APPLICATION NO.9725 OF 2019 IN FAST/24972/2019 MEENABAI POPAT MHASKE

VERSUS

THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., PUNE AND ORS ...

Advocate for Applicant : Ms. Kakade(Matkar) Savita Parmeshwar Advocate for Respondent No.1 : Mr. S.G. Chapalgaonkar Advocate for Respondent Nos.2 to 7 : Mr. V. P. Kadam Advocate for Respondent No.8 : Ms. S.N. Devmane ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 18th OCTOBER, 2019.

ORDER :

.

Present application has been filed by the original respondent No.1 for getting the delay of 153 days condoned in filing first appeal. The applicant intends to challenge the judgment and award passed by the learned tribunal.

2.

Learned Advocate appearing for respondent No.1 and learned Advocate appearing for respondent Nos.2 to 7 strongly objects to the application on the ground that the delay has not been properly explained.

1017-ca-9725-19 (delay).docx 3.

It appears that after the judgment and award was passed by the learned tribunal, present applicant had filed review application which was rejected and then writ petition was filed before this Court challenging the said order and after the dismissal of the said writ petition, it appears that the present appeal has been filed. It may be due to the legal advise given to the applicant in that respect. Therefore, taking into consideration the duration of the delay and the fact that she was prosecuting other legal remedies, though it may not have been available to her, taking liberal approach, the delay stands condoned.

4.

Civil Application stands allowed and disposed of accordingly. 5.

Registry to verify and register the first appeal and place it for further consideration on 27.11.2019.

(SMT. VIBHA KANKANWADI, J.) SCM