Iffco Tokyo General Insurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Anil Badrinarayan Rathi And ANR

13989.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.13989 OF 2019 IN FAST/36670/2019 IFFCO TOKYO GENERAL INSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD

VERSUS

ANIL BADRINARAYAN RATHI AND ANR ...

Mr.S.S. Dargad h/f Mr.S.G. Chapalgaonkar, Advocate for the applicant.

...

CORAM: V.L. ACHLIYA,J.

DATE : 21.02.2020 ORAL ORDER:

The applicant has moved this application seeking condonation of 92 days delay in filing appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicant. Respondent no.1 though served absent. Notice in respect of respondent no.2 reported to be served upon the father of respondent no.2, which according to the learned counsel good service within the meaning of Order 5 Rule XV of Code of Civil Procedure.

3.

On due consideration of submissions

13989.19CA.odt advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning cause for condonation of delay and delay being only 92 days, I am of the view, the delay deserves to be condoned. If the delay is condoned no prejudice would cause to other side. If delay is not condoned, it is every likelihood that the meritorious matter may be rejected for technical reason. I am therefore inclined to allow the application. Accordingly, the application is allowed in terms of prayer clause "B". Delay condoned.

4.

Office objections, if any, be removed within two weeks from the date of registration of appeal.

5.

Civil Application is disposed in above terms.

[V.L. ACHLIYA] JUDGE SGA