The Branch Manager, Cholamandalam General Insurance Co. Ltd. v. Uttam Kisan Gholap And ORS

{1} 921 sr. no. cod.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 13983 OF 2016 IN FAST/28405/2016 THE BRANCH MANAGER, CHOLAMANDALAM GENERAL INSURANCE CO. LTD.

VERSUS

UTTAM KISAN GHOLAP AND ORS ...

Advocate for Applicants : Mr. S. G. Chapalgaonkar Adv. for Respondent No. 1: Mr. V.R. Autade CORAM : K.K. SONAWANE, J.

DATE : 21st September, 2017.

PER COURT:

1] Heard the learned counsel appearing for applicant/appellant and respondent No.1 original claimant. Despite service of notice none appears for respondent Nos. 2 and 3.

2].

Perused the application. This is an application for condonation of 7 day's delay in filing appeal against the impugned judgment and award passed by the learned Tribunal in MACP No. 83 of 1995. 3].

According to learned counsel for applicant, the delay is not intentional and deliberate but caused due to unavoidable circumstances. Learned counsel for respondent claimant raised objection and prayed for rejection of the application.

4].

In view of the reasons mentioned in the application, there is

{2} 921 sr. no. cod.odt no impediment to condone the delay. Accordingly, the application stands allowed in terms of prayer clause (B). Delay caused for filing the appeal is hereby condoned. Registry to take requisite steps for further process. After registration of appeal, list the appeal for final hearing at the stage of admission on 7th November, 2017.

5].

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

[K.K. SONAWANE] JUDGE.

grt/-