United India Insurance Co. Ltd., Thr Its Administrative Officer (T.P. Hub) Aurangabad v. Kantabai Bhaskar Mundhe And ORS

1 25 C.A. 11537.2019 in F.A.St. 28582.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO.11537 OF 2019 IN FAST/28582/2019 UNITED INDIA INSURANCE CO. LTD., THR ITS ADMINISTRATIVE OFFICER, TP HUB, AURANGABAD

VERSUS

KANTABAI BHASKAR MUNDHE AND ORS ...

Mr.S.S.Rathi,Advocate for applicant.

Mr.F.K.Patel h/f Mr. P.D.Dadpe, Advocate for R-1 to 7.

Mr.P.S.Mehta, Advocate for R-8.

...

CORAM : V.L. ACHLIYA,J.

DATE : 24/02/2020 ...

ORAL ORDER:

1.

The applicant/appellant has preferred this application seeking condonation of 20 days delay in filing appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for applicant and respondent Nos. 1 to 7 and 8.

3.

On due consideration of submissions advanced in the light of unchallenged, uncontroverted pleadings made in the

2 25 C.A. 11537.2019 in F.A.St. 28582.2019 application, I am of the view the delay deserves to be condoned. No prejudice would cause to respondents if delay is condoned as ultimately the case will be decided on merit. On the contrary, if delay is not condoned, serious prejudice would cause to the applicant. I am, therefore, inclined to allow the application. Accordingly, the application is allowed in terms of prayer clause 'B'. Delay condoned. Appeal be registered.

6.

Civil Application disposed of in above terms.

[V.L.ACHLIYA] JUDGE KNP