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Bombay High CourtCA/14832/2019admittedallowedgrantedrule absolute

National Insurance Co. Ltd., Thr Its Authorized Official And Div. Manager, Aurangabad v. Sunandabai Kailas Patil (Thakre) And ORS

2024-03-11Hon'Ble Shri Justice Y. G. Khobragade2 pages

2024:BHC-AUG:5530 36CA14832-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14832 OF 2019 IN FAST/37963/2019 NATIONAL INSURANCE CO. LTD., THR ITS AUTHORIZED OFFICIAL AND DIV. MANAGER, AURANGABAD .....Applicant

VERSUS

SUNANDABAI KAILAS PATIL (THAKRE) AND ORS .....Respondents Mr. A. S. Usmanpurkar, Advocate for Applicant Mr. Amol S.Sawant, Advocate for the Respondents. CORAM : Y. G. KHOBRAGADE, J.

Dated : 11th March, 2024 ORDER:

1.

Heard both sides. I have considered the strenuous submissions advanced on behalf of both sides. The Applicant- Insurance company has filed the present application for condonation of delay of 651 days caused in lodging the appeal to challenge the judgment and award dated 21.11.2017 passed by the learned MACT, Dhule in MACP No.98 of 2013. 2.

The ground set out in the application the condoantion of delay is that the delay was caused in obtaining legal advice and moving the file form one table to another. Therefore, considering the nature of the claim, it would be just and proper to condone the delay as it is substantially and bona fide explained.

36CA14832-19.odt 3.

In view of the above, the application is hereby allowed. The delay of 651 days caused in lodging the appeal is hereby condoned. 4.

Office to Register the First appeal and place before this Court for further action.

( Y. G. KHOBRAGADE, J. ) JPChavan