The Reliance General Insurance Co. Ltd., Thr Its Legal Officer, Aurangabad v. Shivnanda Baburao Darade And ORS

1 928 C.A. 15142.2019 in F.A.St. 36554.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.15142 OF 2019 IN FAST/36554/2019 THE RELIANCE GENERAL INSURANCE CO.

LTD., THR ITS LEGAL OFFICER, AURANGABAD

VERSUS

SHIVNANDA BABURAO DARADE AND ORS ...

Mr.S.S.Patil,Advocate for applicant.

Mr.K.B.Jadhav, Advocate for R-1 to 4 & 7.

Mr.S.C.Kawade, Advocate for R-8.

...

CORAM : V.L. ACHLIYA,J.

DATE : 28/02/2020 ...

ORAL ORDER:

1.

The applicant/appellant has preferred this application seeking condonation of 36 days delay in filing appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for applicant and respondent Nos. 1 to 4, 7 and 8.

3.

On due consideration of submissions advanced in the light of unchallenged, uncontroverted pleadings made in the application, I am of the view the delay

2 928 C.A. 15142.2019 in F.A.St. 36554.2019 deserves to be condoned. No prejudice would cause to respondents if delay is condoned as ultimately the case will be decided on merit. On the contrary, if delay is not condoned, serious prejudice would cause to the applicant. I am, therefore, inclined to allow the application. Accordingly, the application is allowed in terms of prayer clause 'B'. Delay condoned. Appeal be registered subject to removal of objections.

4.

Civil Application disposed of in above terms.

[V.L.ACHLIYA] JUDGE KNP