Shriram General Insurance Co. Ltd., And ANR v. Kalawatibai Manika Satpute And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.9941 OF 2019 IN FAST/25251/2019 SHRIRAM GENERAL INSURANCE CO. LTD., AND ANR
VERSUS
KALAWATIBAI MANIKA SATPUTE AND ORS ...
Mr.V.N. Upadhye, Advocate for applicant.
Mr.V.V. Dhage, Advocate for respondent nos.1 and 2.
...
CORAM: V.L. ACHLIYA,J.
DATE : 12.12.2019 ORAL ORDER:
The appellant/applicant moved this application for condonation of 66 days delay caused in filing the appeal for the reasons set out in detail in the application.
2.
Heard learned counsel for the appellant/applicant and the respondent nos.1 and 2. The respondent no.3 though served absent.
3.
In brief, it is the contention of learned counsel for the applicant/appellant that the delay caused in filing appeal can not be termed as intentional and deliberate.
It is submitted that the Regional Office of the applicant/appellant is situate at Pune.
After receiving the proposal and processing the same papers were forwarded to the Regional office for taking decision. In the process much time was consumed. After receiving the legal opinion and clearance from the Regional office, the necessary steps have been taken to file the appeal.
4.
Learned counsel for the respondent nos.1 and 2 opposed the application with contention that the cause assigned cannot be termed as sufficient cause to condone the delay. The reasons assigned are false and concocted.
5.
On due consideration of submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning cause for condonation of delay, I am of the view that, the delay deserves to be condoned. In case the delay is condoned, no prejudice would cause to the respondents-claimants as ultimately the matter will be decided on merits. I am therefore inclined to allow the application.
Accordingly, the application is allowed in terms of prayer clause "A". The delay condoned. The appeal be registered subject to
removal of office objections.
6.
The Civil Application is disposed of in above terms.
[V.L. ACHLIYA] JUDGE SGA