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Bombay High CourtCA/17857/2010disposed offdismissed for default

Kalidas Sadhu Pawar And ANR v. Fayaz Babulal Inamdar And ANR

2017-08-07Hon'Ble Shri Justice K. K. Sonawane1 pages

1 CA 17857-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 CIVIL APPLICATION NO. 17857/2010 IN FAST/29025/2010 WITH FIRST APPEAL NO. 1 OF 2010 WITH FA/3/2010 KALIDAS SADHU PAWAR AND ORS

VERSUS

FAYAZ BABULAL INAMDAR AND ANR.

...

Advocate for Applicant : Mr. A.S. More Advocate for respondent No. 1: Mr. V.C. Patil, Advocate holding for Mr. S.M. Godsay ..

CORAM : K.K. SONAWANE, J.

DATED : 7th AUGUST, 2017.

Order :-

1. Heard learned counsel for applicant and learned counsel for respondent -Insurance Company. Though notice was issue to respondent No. 2, however, it returned unserved. Respondent No. 1- Insurance Company has already filed Appeals No. 1 and 3 of 2010 for redressal of grievance against impugned judgment and Award passed by the Chairman, Motor Accident Claims Tribunal, Osmanabad.

2.

Present application is filed seeking condonation of 282 days delay caused in preferring the appeal against impugned judgment and award dated 01-09-2009 in MACP No.155 of 2007 passed by the Chairman, Motor Accident Claims Tribunal, Osmanabad. The learned counsel for respondent - Insurance Company has no objection for condonation of delay. 3.

For the reasons stated in the application and submissions of both counsel, I have no impediment to condone the delay. Accordingly, civil application is allowed in terms of prayer clause "B". Delay stands condoned. Registry to take requisite steps for further process. 4.

The civil application is allowed in above terms and stands disposed of accordingly.

[ K. K. SONAWANE ] JUDGE MTK