Suresh Pandharinath Pawar v. Ali Ahamad Hyadali Chaudhari And ANR

1 943-3477-2022ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO.3477 OF 2022 IN X-OBJST/32867/2021 SURESH PANDHARINATH PAWAR

VERSUS

ALI AHAMAD HYADALI CHAUDHARI AND ANR Mr J.V. Patil, Advocate for applicant Mr S.S. Patil, Advocate for respondent no.2 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 11th March, 2022 PER COURT :

1.

Mr J.V. Patil, learned Advocate for applicant undertakes to remove office objections forthwith.

2.

Heard Mr J.V. Patil, learned Advocate for applicant and Mr S.S. Patil, learned Advocate for respondent no.2/Insurance Company. 3.

It is revealed that the Insurance Company has preferred appeal vide First Appeal No.2413 of 2020. The applicant/claimant is entitled to file Cross Objection, but there was delay in preferring the Cross Objection. 4.

Mr S.S. Patil, learned Advocate for respondent no.2 opposed to condone the delay and entertain the Cross Objection. However, by looking to the nature of dispute arising out of accident claim and considering that Insurance Company has already filed the appeal, it would be just and proper to allow the applicant to file Cross Objection by condoning the delay.

ORDER

(i) The Civil Application is allowed in terms of prayer clauses (A) and (B). (ii) The Registry to make scrutiny of the Cross Objection as per procedure and tag it along with First Appeal No.2413 of 2020.

2 943-3477-2022ca (iii) The Civil Application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr