United India Insurance Company Ltd. Thr Its Divisional Manager Ganesh Vithalrao Gujar v. Meena Shyam Wadgaonkar And Others

954-CA-11567-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11567 OF 2014 IN FAST/30632/2014 WITH FIRST APPEAL NO. 780 OF 2015 FIRST APPEAL NO. 779 OF 2015 United India Insurance Company Ltd. Thr Its Divisional Manager Ganesh Vithalrao Gujar .....Petitioner

VERSUS

Meena Shyam Wadgaonkar And Others .....Respondent .....

Mr. A. B. Kadethankar h/f Mr. S. S. Rathi, Advocate for Applicant Mr. R. V. Gore h/f Mr. S. K. Shirse, Advocate for Respondents ...

CORAM

: R.M. JOSHI, J DATE : JANUARY 18, 2024 PER COURT :

1.

At the outset, learned Counsel for the Applicant seeks leave to amend application by incorporating number of days delay.

2.

Leave granted. Amendment to be carried out forthwith.

3.

This application is filed for condonation of delay of 110 days in preferring Appeal under Section 173 of Motor Vehicles Act against judgment and award

954-CA-11567-2017.odt dated 30.04.2014 passed in Claim Petition No. 806/2011. 4.

Application shows that on account of administrative difficulties as spelt out in the application, appeal could not be filed in time. 5.

Learned Counsel for Respondents opposed the application.

6.

Perusal of the application does not show that any mala fides can be attributed to the Applicants in not preferring Appeal in time. In any case, Appellants could not have gained anything in doing so. Hence, application is allowed. Delay stands condoned. Appeal be registered.

7.

After its registration, list the Appeal along with connected Appeals for hearing on 30th January, 2024.

(R. M. JOSHI, J.) Malani