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Bombay High CourtCA/14172/2016disposed offdismissed for default

National Insurance Co. Ltd. v. Priyanka Ravi Kasture And ORS

2019-02-20Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) ca14172.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14172 OF 2016 WITH FAST/30828/2016 NATIONAL INSURANCE CO. LTD.

VERSUS

PRIYANKA RAVI KASTURE AND ORS Mr.Aniruddha S. Usmanpurkar, Advocate for the applicant Mr.S.U.Mundhe, Advocate for respondent Nos. 1 to 3 CORAM : S.M.GAVHANE,J.

DATED :

20.02.2019 P.C. :- .

Heard learned counsels for the applicant and respondent Nos. 1 to 3.

2.

None present for respondent Nos.4 & 5 though they have been served with the notice.

3.

Learned counsel for the applicant referring the reasons of delay in paragraph Nos. 4 and 5 of the application submitted that after the Committee and Regional Office, Pune decided to file appeal, the appellant company was required to arrange for court fees etc and time was consumed and therefore, 15 days delay has been caused and the delay is not intentional and it is required to be condoned in the interest of justice.

( 2 ) ca14172.16 4.

Learned counsel for respondent Nos. 1 to 3 opposed to grant the application.

5.

Though the learned counsel for respondent Nos. 1 to 3 opposed to grant the application, considering the reasons of delay referred earlier and the submissions of the learned counsel for the applicant, I find that the applicant has properly explained the delay and there is sufficient ground to condone the same in the interest of justice. Therefore, the application is allowed and disposed of. Delay is condoned.

6.

Appeal be registered.

7.

On registering the appeal, issue notice to the respondents, returnable on 18.04.2019. Mr.S.U.Mundhe, Advocate waives service of notice for respondent Nos. 1 to 3.

8.

Call record and proceedings in MACP No.131/2010 from MACT, Latur.

[S.M.GAVHANE,J.] VishalK/ca14172.16