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Bombay High CourtCA/12851/2017delay condonatedrejected

The New India Assurance Co. Ltd., Thr Its Authorized Official And Div. Manager, Aurangabad v. Nilofar Syed Mahebub And ORS

2021-03-11Hon'Ble Shri Justice N. J. Jamadar2 pages

936-ca-12851-17 in fast.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.12851 OF 2017 IN FIRST APPEAL (STAMP) NO. 30924 OF 2017 THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED OFFICIAL AND DIV. MANAGER, AURANGABAD

VERSUS

NILOFAR SYED MAHEBUB AND OTHERS ...

Advocate for the Applicant : Shri A. S. Usmanpurkar Advocate for Respondent Nos. 1 to 3 : Shri P. C. Mayure Advocate for Respondent No. 5 : Shri R. R. Imale ...

CORAM :

N. J. JAMADAR, J.

DATE :

11th MARCH, 2021 ...

PER COURT :

1.

This is an application for condonation of 71 days delay in preferring the appeal against the judgment and award passed by the Motor Accident Claims Tribunal, Aurangabad in MACP No. 628/2015 dated 29th March,2017.

2.

There are averments in the application which make out a sufficient cause for condonation of delay. It is asserted that delay has been caused due to the process of obtaining approvals for preferring the appeal.

3.

The learned counsels for the respondent - original claimants states that he has no objection to condone the delay.

936-ca-12851-17 in fast.odt 4.

Thus, for the reasons assigned in the application and to advance the cause of substantive justice, the delay caused in preferring the appeal deserves to be condoned. Hence, the following order :

(a) The application stands allowed.

(b) The delay of 71 days caused in preferring the appeal stands condoned.

(c) Appeal be registered.

5.

Application stands disposed of.

(N. J. JAMADAR, J.) shp/-