Vithal Sambhaji Gire v. Pathan Abajalkhan Vajirkhan And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 958 CIVIL APPLICATION NO.2152 OF 2020 IN FAST/27385/2018 VITHAL SAMBHAJI GIRE

VERSUS

PATHAN ABAJALKHAN VAJIRKHAN AND OTHERS ...

Advocate for Applicant : Mr. Krishna K. Solapure h/f. Mr. Hande Avinash D.

Advocate for Respondent : Mr. Rathi Swapnil S. ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 09.02.2023 PER COURT :

Heard rival submissions. The applicant is seeking condonation of delay of 154 days which appears to be caused due to his financial crisis. The learned counsel for the respondent - Insurance Company strongly opposed the application on the ground that there is also circulation delay.

2.

However, considering the statutory right of the applicant, the delay of 154 days stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid period of delay and also for the delay in circulating the matter belatedly on the enhanced compensation, if granted.

3.

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

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE .....

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