Dilip Vasant Bawiskar v. Bhagwan Shivdas Jagdeo And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 11795 OF 2019 IN FIRST APPEAL STAMP NO. 29006 OF 2019 DILIP VASANT BAWISKAR

VERSUS

BHAGWAN SHIVDAS JAGDEO & ANOTHER ...

Mr.Madhav M. Bhokarikar, Advocate for the applicant.

Mr.S.B.Darwande, Advocate holding for Mr.S.G.Chapalgaonkar, Advocate for the respondent no.2.

...

CORAM : V.L.ACHLIYA,J.

DATE : 03.02.2020 P.C.

1] The applicant has moved this application seeking condonation of 92 days delay in filing appeal for the reasons set out in detail in the application.

2] Heard learned counsel for the applicant and the respondent-Insurance company.

3] In brief, it is the contention of the learned counsel for the applicant that delay caused for filing appeal cannot be

termed as deliberate and intentional. It is submitted that due to serious injuries sustained in the accident, the applicant could not take steps to prefer appeal within time. In the process, delay of 92 days has been caused in filing appeal. It is submitted that the applicant-appellant has good case to succeed in appeal.

4] On the other hand, learned counsel for the respondent-Insurance Company opposed application with contention that the reasons assigned are not sufficient to condone delay. 5] On due consideration of the submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning cause for condonation of delay and consequences to follow if delay is not condoned, I am of the view that delay deserves to be condoned.

Accordingly, application is allowed in terms of prayer clause-b. Delay condoned.

6] Appeal be registered subject to removal of office objection.

7] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC