Gangadhar Manikrao Ingole And ANR v. Rajendra Nandram Pardeshi And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.2740/2017 936 CIVIL APPLICATION NO. 2740 OF 2017 IN FAST/32939/2010 GANGADHAR MANIKRAO INGOLE AND ANR

VERSUS

RAJENDRA NANDRAM PARDESHI AND ORS ...

Advocate for Applicants : Mr.Suryawanshi Govind G. Mr. Sachin Joshi,, Adv., h/f Mr. Usmanpurkar Aniruddha S., Adv. for respondent no.3.

Mr. R.N.Bhapkar, Adv., h/f Mr. Kiran S.Nagarkar, Adv., for respondent no.2.

...

CORAM : P.R. BORA, J.

Dated: June 16, 2017 ...

PER COURT :- 1.

Delay of 140 days has occurred in filing the present appeal.

2.

Though the learned Counsel appearing for the Insurance company has opposed for condonation of delay stating that the certificate which has been relied upon by the applicant does not support the case of the applicant, in view of the fact that the delay is not of a long period and some reasons are assigned for occurrence of delay, I am inclined to condone the delay and to give an opportunity to the appellant to agitate his matter on merits. Hence, the following order is passed:

agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.2740/2017

ORDER

1.

Civil Application for condonation of delay is allowed. Delay caused in filing the appeal is condoned. Civil Application for condonation of delay stands disposed of. The Appeal be registered in accordance with law.

2.

After registration of the appeal, issue notice to the respondents in the appeal returnable after six weeks. Shri Nagarkar, learned Counsel, waives service for respondent No.2. Mr. A.S.Usmanpurkar, learned Counsel, waives service for respondent no.3. Call for R & P.

( P.R. BORA, J. ) ...

agp/-