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Bombay High CourtCA/12329/2019delay condonatedrejected

The Oriental Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad v. Megha Anil Nathani And ORS

2022-03-10Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 928-CA-12329-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.12329 OF 2019 IN FAST/29873/2019 THE ORIENTAL INSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABAD

VERSUS

MEGHA ANIL NATHANI AND ANR ...

Advocate for Applicant : Mr M.K. Goyanka Advocate for Respondent Nos. 1 to 4 : Mr K.M. Nagarkar Advocate for Respondent No. 5 : Mr S.S. Rathi CORAM : SHRIKANT D. KULKARNI, J.

DATE : 10th March, 2022 PER COURT :

1.

It is an application for condonation of delay moved by the applicant/insurance company.

2.

Heard Mr M.K. Goyanka, learned counsel for the applicant/insurance company, Mr K.M. Nagarkar, learned counsel for respondent Nos. 1 to 4/original claimants and Mr S.S. Rathi, learned counsel for respondent No. 5. 3.

Mr Nagarkar and Mr Rathi, learned counsel appearing for respective respondents strongly opposed to condone the delay. 4.

Mr Goyanka, learned counsel for the applicant/insurance company submitted that there is delay of 65 days in preferring the appeal. The delay was not intentional. The delay was occurred in completing the formalities and official procedure.

5.

For the reasons stated in the application for condonation of delay in para Nos. 2 and 3, the delay needs to be condoned.

2 928-CA-12329-2019

ORDER

(I) The application is hereby allowed in terms of prayer clause (A) and (B).

(II) Registry to make scrutiny of the appeal as per procedure and thereafter, it be numbered and placed before the Court for admission. (III) The Civil Application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta