Cholamandalam General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad v. Sandipan Pandharinath Adhav And ANR

13987.19CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 CIVIL APPLICATION NO.13987 OF 2019 IN FAST/36658/2019 CHOLAMANDALAM GENERAL INSURANCE CO. LTD.

VERSUS

SANDIPAN PANDHARINATH ADHAV & ANOTHER ...

Advocate for Applicant : Mr.S.G.Chapalgaonkar Advocate for Respondent no.1 : Mr.L.B.Palod ...

CORAM : S.G.DIGE, J.

DATE : 18.07.2022 P.C. :

1] Heard the learned counsel for the applicant and learned counsel for the respondent no.1 - original claimant. 2] The learned counsel for the applicant submits that there is delay of 49 days in filing First Appeal. The applicant has tried to serve on respondent no.2 but the notice was not served on respondent no.2. During trial also, respondent no.2 was also not present, hence, requested to allow the application.

3] The learned counsel for respondent no.1 submits that respondent no.1 is the original claimant. The

13987.19CA matter is filed in the year 2019. The original claimant has not received compensation amount till the date. The matter was proceeded ex parte before the trial Court against respondent no.2. Respondent no.1 has no objection to condone the delay, hence, requested to allow the application.

4] Considering the submissions of both learned counsel and the reasons mentioned in the application, delay of 49 days for filing First Appeal is condoned. Appeal be registered subject to removal of office objections, if any. 5] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC