Bhagyashri Datta Mundkar And ORS v. Shri R. Manoharan And ORS

(1) 911 CA-241.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.241 OF 2018 IN FAST/29664/2017 BHAGYASHRI DATTA MUNDKAR AND OTHERS

VERSUS

SHRI R. MANOHARAN AND OTHERS ...

Mr. Fayaz Patel, Advocate for the applicants. Mr. S.R. Bodade, Advocate for respondent No.3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

02.02.2023.

ORDER:- 1.

Heard rival submissions. The applicants are seeking condonation of delay of only 19 days in filing the appeal, which appears to be caused due to their poor financial condition. The learned counsel for the respondent No. 3 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 19 days stands condoned subject to condition that the applicant shall not claim any interest for the said delay period and also for the delay in circulating the matter belatedly.

3.

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

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde