Hdfc General Insurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Vandana Madhav Javale And ORS

1 925 C.A. 11633.2019 in F.A.St. 29860.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.11633 OF 2019 IN FAST/29860/2019 HDFC GENERAL INSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD

VERSUS

VANDANA MADHAV JAVALE AND ORS ...

Ms. Sayli Tekale h/f Mr.

S.G.Chapalgaonkar,Advocate for applicant.

Mr.K.M.Nagarkar, Advocate for R-1 to 3.

...

CORAM : V.L. ACHLIYA,J.

DATE : 05/02/2020 ...

ORAL ORDER:

1.

The applicant/appellant has preferred this application for condonation of 11 days delay in filing appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for applicant and respondent Nos. 1 to 3. Respondent No. 4 though served, absent.

3.

On due consideration of submissions advanced in the light of unchallenged, uncontroverted pleadings made in the application, I am of the view the delay

2 925 C.A. 11633.2019 in F.A.St. 29860.2019 deserves to be condoned. No prejudice would be caused to respondents if delay is condoned as ultimately the case will be decided on merit. On the contrary, if delay is not condoned, serious prejudice would be caused to the applicant. I am, therefore, inclined to allow the application. Accordingly, the application is allowed in terms of prayer clause 'B'. Delay condoned. Appeal be registered.

4.

Civil Application disposed of in above terms.

[V.L.ACHLIYA] JUDGE KNP