Pratibha Yogesh Sharma And ORS v. The United Insurance Co. Ltd., Thr Manager, Dhule And ORS

962-CA-15629-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15629 OF 2022 IN FIRST APPEAL (ST) NO. 24582 OF 2022 PRATIBHA YOGESH SHARMA AND OTHERS

VERSUS

THE UNITED INSURANCE COMPANY LTD THR MANAGER DHULE AND OTHERS ...

Mr. L.S. Mahajan - Advocate for Applicants Mr. A.S. Usmanpurkar - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 14th March, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 107 days, which appears to be caused due to their poor financial condition. The learned counsel for respondent - insurance company strongly opposed the application on the ground that, delay is not properly explained.

3.

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

962-CA-15629-2022 application is allowed and the delay of 107 days in this application stands condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

4.

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

5.

The application is accordingly disposed of.

6.

The learned counsel - Mr. A.S. Usmanpurkar waives service of notice for the respondent No.1 - insurance company in Appeal.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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