New India Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad v. Sunita Pramod Dete And ORS

12 ca.13171.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

12 CIVIL APPLICATION NO.13171 OF 2017 IN FAST/34188/2017 NEW INDIA INSURANCE CO. LTD., THR. ITS BRANCH MANAGER, AURANGABAD

VERSUS

SUNITA PRAMOD DETE AND OTHERS ...

Advocate for Applicant : Mr. S. S. Dargad, Mr. S. G. Chapalgaonkar. Advocate for Respondent Nos.1 to 5: Mr. Prasanna D. Dadpe. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

14th March, 2022.

P.C.:

.

It is an application for condonation of delay moved by the appellant/insurance company.

Heard Mr. Dargad, holding for Mr. Chapalgaonkar, learned counsel for appellant and Mr. Dadpe, learned counsel for respondent Nos.1 to 5. Respondent No.6 though duly served, remained absent when the matter is called out.

Mr. Dadpe, learned counsel for respondent Nos.1 to 5/original claimants strongly opposed to condone the delay. Mr. Dargad, learned counsel for applicant submits that there is delay of 104 days in preferring the appeal only because of completing

12 ca.13171.17.odt the formalities and he urged to condone the delay. For the reasons stated in the application for condonation of delay, paragraphs Nos.3 to 5, the delay needs to be condoned in the interest of justice. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed in terms of prayer clauses (A) and (B).

II.

The civil application is accordingly disposed of. III.

The Registry is directed to make scrutiny of the appeal as per the procedure and it be numbered and placed before the Court for admission.

IV.

The Registry to call for the record and proceedings form the concerned Tribunal.

V.

As soon as R & P is received from the concerned Tribunal, the appeal be listed before this Court. VI.

Stand over to 18th April, 2022.

[ SHRIKANT D. KULKARNI, J. ] nga