United India Insurance Co. Ltd. v. Kailas Tukaram Mahajan And ANR

{1} 922 ca 15437.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 15487 OF 2016 IN FAST/35080/2016 THE UNITED INDIA INSURANCE CO. LTD. THR ITS ADMINISTRATIVE OFFICER, AURANGABAD ANR

VERSUS

KAILAS TUKARAM MAHAJAN ...

Advocate for Applicant : Mr. Madhav M. Bhokarikar Adv. for Respondents: Mr. S.R. Bagal CORAM : K.K. SONAWANE, J.

DATE : 11th October, 2017.

PER COURT:

1] This is an application for condonation of delay of 6 days caused for filing the appeal. Learned counsel for the respondent No.1 fairly conceded that he do not want to controvert the contentions propounded on behalf of petitioner. Learned counsel for the applicant submits that respondent No.2 is no more and passed away and an application has been filed for bringing LRs on record.

2] This application is pending since 2014. In view of nature of subject matter I do not find any propriety to keep the matter in abeyance for securing the presence of LRs of deceased Respondent No.2. In case the matter is adjudicated on merit, in absence of LRs of respondent No.2, it would not cause any injustice or prejudice to them. There is meager delay of of six days. In such circumstances, and the reasons mentioned in the application for sufficient cause the delay of six days is hereby condoned. Registry to take requisite steps for further process. [K.K. SONAWANE] JUDGE.

grt/-