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Bombay High CourtCA/13651/2018delay condonatedrejected

Vikas Gulab Giri v. Vasava Sanjay Bhanabhai And ORS

2023-02-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 902 CIVIL APPLICATION NO.13651 OF 2018 IN FAST/27260/2018 VIKAS GULAB GIRI

VERSUS

VASAVA SANJAY BHANABHAI AND OTHERS ...

Advocate for Applicant : Mr. Bhide Vinod Y.

Advocate for Respondent No.3 : Mr. Choudhari Abhijit G. Advocate for Respondent No.5 : Mr. Ajit Kadethankar ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 09.02.2023 PER COURT :

The learned counsel for the respondent No.3-Insurance Company submits that parties have arrived at amicable settlement and also exchanged consent terms. The matter can be settled before the Lok Adalat, but for that delay needs to be condoned. 2.

The learned counsel for the applicant submits that since there are chances of settlement between the claimant and Insurance Company the names of respondent Nos. 1 and 2 can be deleted for convenience. As such, the names of respondent Nos. 1 and 2 in this delay condonation application stands deleted at the risk of applicantclaimant. Deletion be carried out forthwith.

3.

Heard rival submissions. The applicant is seeking condonation of delay of 1034 days which appears to be caused due to his financial crisis. Though the learned counsel for the respondent -Insurance Company strongly opposed the application, but submits that there are chances of settlement. In view of the same, the delay of 1034 days stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid period of delay. 4.

By consent, the appeal be placed before Lok Adalat dated 11.02.2023 after removal of office objections, if any. (SANDIPKUMAR C. MORE) JUDGE .....

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