New India Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad v. Malanbai Bhivlal Aucharmal And ORS

( 1 ) ca12169.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO.12169 OF 2017 IN FAST/30851/2017 WITH CA/14493/2018 IN FAST/30851/2017 NEW INDIA INSURANCE CO. LTD., THR ITS BRANCH MANAGER,AURANGABAD

VERSUS

MALANBAI BHIVLAL AUCHARMAL AND ORS Mr. S. B. Darvande h/f Mr. S. G. Chapalgaonkar, Advocate for the applicant Mr. B. V. Dhage, advocate for respondent Nos. 1 to 3. CORAM :

S. M. GAVHANE, J.

DATED :

10.02.2020 PER COURT :- .

Applicant-insurance company has filed this application to condone the delay of 07 days caused in filing appeal against judgment and award dated 21/04/2017 passed by the Member, MACT, Aurangabad in MACP No. 823 of 2012.

2.

Mr. S. B. Darvande h/f Mr. S. G. Chapalgaonkar, learned counsel appearing for the applicants referring to the grounds mentioned in paragraph Nos. 3, 4 and 5 of the application submitted that time was spent in transmitting/giving file to the advocate representing Insurance Company to make necessary arrangement to file

( 2 ) ca12169.17 appeal and to draw cheques of statutory deposit and therefore delay caused is unintentional and same may be condoned by allowing the application.

3.

Learned counsel appearing for respondent Nos. 1 to 3 opposed to grant the application. Nobody is present for respondent No. 4.

4.

Considering the submissions made by the learned counsel appearing for the applicant and the grounds mentioned in paragraph Nos. 3, 4 and 5 of the application, I find that applicant has shown sufficient cause to condone the delay and same needs to be condoned. Therefore, delay is condoned and application is allowed in terms of prayer clause (B).

5.

Appeal be registered. After registering the appeal, it be placed for admission on 16/03/2020. [S. M. GAVHANE, J.] ssp/Feb.20/ca12169.17