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Bombay High CourtCA/4294/2020delay condonatedrejected

Balaji Bajirao Kadam v. Bajirao Narsing Kadam And ANR

2023-01-30Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 44 CIVIL APPLICATION NO.4294 OF 2020 IN FAST/31256/2018 BALAJI BAJIRAO KADAM

VERSUS

BAJIRAO NARSING KADAM AND ANOTHER ...

Advocate for Applicant : Mr.

Vikrant Valse h/f.

Mr. Patel Fayaz K.

Advocate for Respondent No.2 : Mr. G.

V. Padalkar h/f.

Mr. Soman Amar D.

...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 30.01.2023 PER COURT :

Heard rival submissions.

The applicant is claiming condonation of delay of 2518 days. The learned counsel for the respondent No.2Insurance Company strongly opposed the application on the ground that there is also circulation delay. However, considering the statutory right of applicant, the delay of 2518 days stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid delay and also for delay in circulating the matter belatedly, on the enhanced compensation , if granted. 2.

Appeal be placed for admission after removal of office objections, if any.

3.

The application is disposed of accordingly.

(SANDIPKUMAR C. MORE) JUDGE .....

shp/-