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Bombay High CourtCA/2085/2022admittedallowedgrantedrule absolute

Anwarali Ansarhusain Sayyad And ORS v. United India Insurance Co. Ltd., Thr Its Branch Manager And ANR

2024-02-13Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 2085 OF 2022 IN FAST/29660/2019 Anwarali Ansarhusain Sayyad And Ors ....Applicant

VERSUS

United India Insurance Co. Ltd., Thr Its Branch Manager And Anr .....Respondent .....

Advocate for Applicant : Mr. Shaikh Majit S And Y.k. Shaikh Advocate for Respondent No.1. : Mr. Totala Rameshwar F. CORAM : S.G. CHAPALGAONKAR, J.

DATE : 13TH FEBRUARY, 2024.

ORDER :- By this application, the applicant seeks to condone the delay of 357 days caused in filing the first appeal against the judgment and award dated 28.6.2018 passed by Motor Accidents Claim Tribunal, Shriramput in MACP No. 43 of 2017.

2.

Having considered the reasons as stated in para. Nos. 2 to 4 of the application, it can be gathered that there are sufficient grounds to condone the delay. Resultantly, the application deserves to be allowed. Hence, the order :-

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O R D E R

[I] Civil application is allowed.

[ii] Delay of 357 days caused in filing the appeal is condoned [iii] Appeal be registered.

[iv] On registration of appeal, issue notice to respondents returnable on 26th March, 2024.

[v] Mr. R.F. Totala, Adv. Waives notice for R-1.

[vi] Call for R.& P.

[S.G. CHAPALGAONKAR] JUDGE grt/-