Usha Umesh Sangve And ORS v. Osman Vajirsaheb Shaikh And ORS

(1) 904 CA-7786.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO.7786 OF 2023 IN FA/3571/2019 USHA UMESH SANGVE AND OTHERS

VERSUS

OSMAN VAJIRSAHEB SHAIKH AND OTHERS ...

Mr. S.N. Patne, Advocate holding for Mr. S.B. Gastgar, Advocate for the applicants.

Mr. S.R. Bodade, Advocate for respondent No.5. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

27th June 2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring the legal representatives of deceased respondent No.2 Shoukat Pasha Chand Pasha Shaikh on record, who admittedly died on 30th May 2018, by condoning the delay of 1554 days. 3.

The learned Counsel for the respondent No.3 - Insurance Company strongly opposed the application and submitted that the interest for the period of aforesaid delay must be stopped. 4.

In view of the same, the application stands allowed in terms of prayer clauses (B) and (C). However, the applicants shall not claim any interest on the enhanced compensation amount if granted for the aforesaid period of delay.

(2) 904 CA-7786.2023.odt 5.

The applicants are directed to carry out the amendment within the stipulated period.

6.

Application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde