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Bombay High CourtCA/14265/2017disposed offdismissed for default

The New India Assurance Co. Ltd., Thr Its Authorized Signatory S.S. Makhare Aurangabad v. Swati Vijaykumar Bhagat And ORS

2019-07-26Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1076(i)-ca-14265-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14265 OF 2017 IN FIRST APPEAL (ST) NO.36656 OF 2017 THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY S.S. MAKHARE AURANGABAD

VERSUS

SWATI VIJAYKUMAR BHAGAT AND ORS ...

Advocate for Applicant : Mr. M.M. Ambhore Advocate for Respondent No.1 to 4 : Mr. Patel Fayaz K. ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 26th JULY 2019 ORDER :

.

At the outset, though respondent Nos.5 and 6 are not yet served, it can be seen that they are original respondent Nos.1 and 2 and the present applicant also was original respondent No.3. The judgment and award has been passed against the present applicant as well as respondent Nos.5 and 6. Therefore, contesting party is only respondent Nos.1 to 4. They are served and they are appearing through Advocate. Therefore, there is no hurdle in dealing with the application for condonation of delay.

2.

Heard both the sides.

1076(i)-ca-14265-17.doc 3.

The delay is of 31 days. The learned Advocate for respondent Nos.1 to 4 is not seriously challenging the reasons mentioned for the delay in the application. Under such circumstance, for the reasons stated in the application, the delay stands condoned. 4.

Civil Application stands allowed and disposed of accordingly.

5.

Registry to verify and register the first appeal and place it for further consideration on 07.08.2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/