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Bombay High CourtCA/7065/2016admittedallowedgrantedrule absolute

The New India Assurance Co. Ltd. Thr Its Div. Manager Suryakant Sahebrao Makhare v. Vaishali Narendra Sharma And Others

2017-10-05Hon'Ble Shri Justice K. K. Sonawane2 pages

1 901-CA-7065-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CIVIL APPLICATION NO. 7065 OF 2016 IN FAST/38130/2015 WITH FA/1036/2017 FIRST APPEAL NO. 48 OF 2016 THE NEW INDIA ASSURAN E CO. LTD. THROUGH ITS MANAGER

VERSUS

VAISHALI NARENDRA SHARMA AND OTHERS

VERSUS

...

Advocate for Appellants : Mr. S.S. Rathi Advocate for Respondents No.1 to 3 : Mr. Aniruddha A Nimbalkar Advocate for Respondents : Mr. S.G. Chapalgaonkar Advocate for Respondent No.8 : Mr. ogesh B. Bokar h/f Mr. A.B. Girase ...

CORAM : K.K. SONAWANE, J.

DATED : 05TH OCTOBER, 2017.

Order :- Heard learned counsel for the parties. There is delay of 31 days in filing the appeal. It has been submitted that other respondents have preferred appeal against impugned judgment and award passed by the learned Tribunal. This Court also passed order of simultaneous hearing of all appeals on merits. In such circumstances, applicant prayed for condonation of delay. 2.

Learned counsel for respondents fairly conceded to condone the delay in the interest of justice for simultaneous hearing of the appeals altogether.

3.

In such circumstances, there is no impediment to allow the application for condonation of delay. Accordingly application is

2 901-CA-7065-16 allowed in terms of prayer clause " B". The delay of 31 days caused in preferring the appeal against impugned Judgment and Award is hereby condoned. Registry to take requisite steps for further process.

4.

On registration of appeal, issue notice to respondents. The learned respective counsel waives service of notice on behalf of respective respondents.

5.

Record and proceedings has already been received. 6.

List the present matter for final hearing at the stage of admission along with other companion appeals in due course. Sd/- [ K. K. SONAWANE ] JUDGE mtk.