Manisha Pandurang Jadhav And Other v. United India Insurance Company Limted And Another

83-CA-949-2020 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.949 OF 2020 IN CRAST/39484/2019 WITH CA/5794/2020 IN RC/1027/2019 MANISHA PANDURANG JADHAV AND OTHER

VERSUS

UNITED INDIA INSURANCE COMPANY LIMTED AND ANOTHER ...

Advocate for Applicants : Mr. R. B. Dhakane Advocate for Respondent No.1 : Mr. R. F. Totala ...

CORAM:R.M. JOSHI, J DATE :APRIL 05, 2023 PER COURT :

1.

This application is for condonation of delay of 105 days in preferring revision application against the impugned order dated 08.08.2019 passed by the Taxing Officer in FA (stamp) No. 23057/2019.

2.

It is contended by the Applicants that Applicant No. 1 who used to look after the proceeding is from the remote place and could not take steps to challenge the order in question in time.

3.

Learned Counsel for the Respondent No.1 opposed the application on the ground that no valid reason are assigned for delay.

4.

Perusal of the application does not show that

83-CA-949-2020 .odt there is any deliberate or malafide act on the part of the Applicants in not preferring application challenging the impugned order in time. No malafide can be attributed to the applicants. No prejudice will be caused to the Respondents if application is allowed. Hence, Application stands allowed in terms of prayer clause 'B' and 'C'. Civil revision application be registered.

5.

Learned Counsel for the Respondent No.1 states that Applicants be denied interest for the period of delay.

6.

Issue of grant of interest during the intervening period shall be decided at the time of decision of the application.

7.

Mr. R. F. Totatla, waives service of notice on behalf of Respondent No. 1 in Civil Revision Application.

(R.M. JOSHI, J.) Malani