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Bombay High CourtCA/14990/2022delay condonatedrejected

Darshana Vijay Mahajan And Another v. Manojkumar Kundan Maheshwari And Another

2022-12-21Hon'Ble Shri Justice Sandipkumar C. More2 pages

14990.22CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 974 CIVIL APPLICATION NO.14990 OF 2022 IN FAST/25854/2022 DARSHANA VIAY MAHAJAN AND ANOTHER

VERSUS

MANOJKUMAR KUNDAN MAHESHWARI AND ANOTHER ...

Mr.S.S. Chapalgaonkar, advocate for the applicants. Mr.T.K. Sant, advocate for respondent no.1.

...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st DECEMBER, 2022 PER COURT :- 1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 78 days. The delay appears to be caused due to their fnancial crisis. The learned counsel for respondent no.1 owner strongly opposed the application on the ground that the delay is not properly explained. The respondent no.2 - insurance company though served but remained absent.

3.

However, considering the statutory right of the applicants, the aforesaid delay period stands condoned subject to condition that the applicants shall not claim

14990.22CA.odt any interest for the aforesaid period of delay on the enhanced compensation, if granted.

4.

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

5.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE SGA