Chagan Mahadu Borse v. United India Insurance Co. Ltd. And Others

(1) ca14487.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 CIVIL APPLICATION NO.14487 OF 2015 IN FAST/29950/2015 CHAGAN MAHADU BORSE

VERSUS

UNITED INDIA INSURANCE CO. LTD. AND OTHERS Mr. Mahajan Lalitkumar S., Advocate for the applicant CORAM :

V. L. ACHLIYA, J.

DATE :

01-02-2021 P. C.

.

The applicant has moved this application seeking condonation of 198 days delay in filing of appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicant. None present for the respondents though served.

3.

In brief, it is the contention of the learned counsel for the applicant that delay in filing of appeal was not intentional and deliberate. It is submitted that the appellant has good case to succeed in appeal. In case, delay is not condoned serious prejudice may cause to the appellant.

4.

On due consideration of the submissions advanced in

(2) ca14487.15 the light of unchallenged and uncontroverted pleadings made in the application assigning cause for condonation of delay, I am of the view that delay deserves to be condoned. In case, delay is not condoned, there is every likelihood that a meritorious matter may be rejected for technical reasons. Hence, the application is allowed in terms of prayer clause-B.

5.

Appeal be registered.

6.

The application is disposed of in above terms. [ V. L. ACHLIYA, J. ] VishalK/ca14487.15