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Bombay High CourtCA/2535/2022admittedallowedgrantedrule absolute

Vijay Haribhau Gaikwad Thr Next Friend And Son Sagar Vijay Gaikwad v. Oriental Insurance Co. Ltd., Thr Its Branch Manager And ANR

2024-02-13Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:3348 {1} 950 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 CIVIL APPLICATION NO. 2535 OF 2022 IN FAST/37486/2019 Vijay Haribhau Gaikwad Thr Next Friend And Son Sagar Vijay Gaikwad ....Applicant

VERSUS

Oriental Insurance Co. Ltd., Thr Its Branch Manager And Anr .....Respondent .....

Advocate for Applicant : Mr. Shaikh Majit S And Y.k. Shaikh CORAM : S.G. CHAPALGAONKAR, J.

DATE : 13TH FEBRUARY, 2024.

ORDER :- By this application, the applicant seeks to condone the delay of 91 days caused in filing the first appeal against the judgment and award dated 29.5.2019 passed by Motor Accidents Claim Tribunal, Shrirampur in MACP No. 46 of 2017.

2.

Having considered the reasons as stated in para. Nos. 2 to 4 of the application, it can be gathered that there are sufficient grounds to condone the delay. Resultantly, the application deserves to be allowed. Hence, the order :-

O R D E R

[I] Civil application is allowed.

[ii] Delay of 91 days caused in filing the appeal is

{2} 950 sr.no..odt condoned [iii] Appeal be registered.

[iv] On registration of appeal, issue notice to respondents returnable on 26th March, 2024.

[v] Call for R. & P.

[S.G. CHAPALGAONKAR] JUDGE grt/-