Dattatrya Savleram Sable v. Bhausaheb Bajirao Sultane And ANR

(1) 946 CA-1489.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO.1489 OF 2022 IN FAST/32374/2021 DATTATRYA SAVLERAM SABLE

VERSUS

BHAUSAHEB BAJIRAO SULTANE AND ANOTHER ...

Mr. Sk. Mazhar A. Jahagirdar, Advocate for the applicant. Mr. A.B. Kadethankar, Advocate for respondent No.2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

25.08.2022.

ORDER:- 1.

Heard the rival submissions. The original claimant depsite service, remained absent. The applicant, who is the owner of the offending vehicle, is seeking condonation of delay of 2037 days in fling the frst appeal. As against this, the learned Counsel for the respondent Insurance Company strongly opposed the application on the ground that he had already challenged the impugned award by way of separate appeal and the said appeal has been disposed of on merit. As such, the appeal fled by the present applicant - owner is not maintainable.

(2) 946 CA-1489.2022.odt 2.

However, the ground of maintainability can be decided once the appeal is allowed to be fled after delay condonation. In view of the same and for the reasons stated in the application, the application is allowed and the delay of 2037 days stands condoned. The appeal be placed for admission, after removal of offce objections, if any. 3.

The Civil Application is disposed of accordingly. (SANDIPKUMAR C. MORE, J.) vd_dhirde