Geeta Vijay Atar And Others v. Gurumitsing Obhan And Another

975 ca15274.13 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 CIVIL APPLICATION NO. 15274 OF 2013 IN FAST/32658/2013 GEETA VIJAY ATAR AND OTHERS

VERSUS

GURUMITSING OBHAN AND ANOTHER ...

Advocate for Applicants : Mr. Latange V.P.

Advocate for Respondent No.2 : Mr. S.R. Bodade .....

CORAM : V. K. JADHAV, J.

DATED : 7th JULY, 2017 PER COURT:- 1.

Learned counsel for the applicants submits that the bread winner of the family met with an accidental death and as such the applicants could not prefer appeal within limitation due to financial constraints. 2.

Learned counsel for the respondent insurer has strongly resisted the application on the ground that delay has not been satisfactorily explained.

3.

In view of above submissions and for the reasons stated in the civil application, delay of 185 days caused in filing first appeal is hereby condoned. Civil application is disposed of.

4.

In first appeal, heard. Issue notice to the respondents, returnable on 18.08.2017. Learned counsel waive notice for respondent-insurer. Call for record and proceedings.

( V. K. JADHAV, J.) rlj/