Vasistha @ Vasant @ Rushi Pandhari Patil v. Shaikh Rais Shaikh Salim And ORS

909-CA-1249-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 1249 OF 2022 IN FAST/34206/2019 Vasistha @ Vasant @ Rushi Pandhari Patil ....Applicant

VERSUS

Shaikh Rais Shaikh Salim And Ors.

.....Respondents .....

Mr. Kulkarni Sudhir V., Advocate for Applicant Mr. D. J. Patil h/f Mr. A. G. Choudhari, Advocate for Respondent No.3 .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

07.05.2025 PER COURT :

1.

This is an Application for condonation of 169 days delay caused in preferring the First Appeal for further enhancement by the Original Claimants under the Motor Vehicle Act, 1988. 2.

The learned Advocate for the Applicant submits that, due to fnancial constraints, the Applicant could not approach this Court within the stipulated time. Hence, the Application be allowed.

3.

None appears for Respondent Nos.1 and 2, though served.

4.

The learned Advocate Mr. Patil holding for the learned Advocate Mr. Choudhari for Respondent No.3 - Insurance Company opposes the Application.

909-CA-1249-2022.odt 5.

On hearing both the sides and for the reasons mentioned in Paragraph Nos.2, 3 and 4 of the Application, the Application is allowed in terms of Prayer Clause - 'B'. The Applicant shall not be entitled to the interest for the delayed period. Copy of this order be kept in the order sheet of the Appeal memo. Civil Application stands disposed off accordingly.

[NEERAJ P. DHOTE, J.] Sameer/May-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 08/05/2025 13:27:07