Bharati Dinkar Nerkar And ORS v. The National Insurance Co. Ltd. And ANR

C.A.No.465-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 465 OF 2017 IN FIRST APPEAL ST.NO.35060 OF 2016 Bharati Dinkar Nerkar and ors.

..Applicants

Versus

The National Insurance Co.Ltd., through its Divisional Officer, Divisional Office, Jalgaon ..Respondent Mr M.M. Bhokarikar, Advocate for applicants CORAM : SHRIKANT D. KULKARNI, J.

DATE : 22nd January 2021 PER COURT :

1.

It is an application for condonation of delay moved by the applicants by taking aid of Section 5 of the Limitation Act, 1963. 2.

Heard Mr M.M. Bhokarikar, learned Counsel for applicants. None for the respondent when called out.

3.

The applicants intend to file appeal against the judgment and award dated 19.10.2015, passed by the Member, M.A.C.T. Jalgaon in M.A.C.P. No. 130 of 2012 and there seems to be delay of 255 days in preferring the first appeal.

4.

Mr Bhokarikar, learned Counsel for the applicants pointed out that the Insurance Company has also preferred appeal and he has appeared in that appeal.

5.

In the interest of justice and in order to decide the matter on merits, it is necessary to condone the delay.

C.A.No.465-2017 6.

The delay stands condoned. The application for condonation of delay moved by the applicants is hereby allowed.

7.

The Registry is directed to register the appeal after due scrutiny as per procedure and thereafter it be placed before the Court for admission after service of notice to all the concerned.

( SHRIKANT D. KULKARNI, J.) vvr