Anita Rohidas Tambade And ORS v. Uttam Namdeo Beragal And ORS

40ca613.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 40 CIVIL APPLICATION NO. 613 OF 2024 IN FAST/38454/2023 ANITA ROHIDAS TAMBADE AND ORS

VERSUS

UTTAM NAMDEO BERAGAL AND ORS ...

Advocate for Applicant : Mr. Dhakane Rajendra Babaji Advocate for Respondent No. 2 : Mr. Rodge Suresh N. ...

CORAM : KISHORE C. SANT, J.

DATE : 09 JULY, 2024.

PER COURT :

1.

Respondent Nos. 1 & 3 though served, none appears on their behalf.

2.

Heard the parties.

3.

This application is for condonation of delay of 1651 days caused in filing of the First Appeal Stamp No. 38454 of 2023.

4.

Since the application is by the persons who were the

40ca613.24 claimants in the matter to the extent of their claim. 5.

This Court is inclined to allow the application for condonation of delay subject to cost. Hence the following order :

ORDER

a) The Civil Application stands allowed subject to cost of rs. 5,000/- (Rs. Five Thousand Only) to be paid to the Legal Services Authorities, Sub Committee, High Court, Aurangabad within four weeks from today.

b) The applicant shall not be entitled to receive the interest for the delayed period in case his appeal is allowed and the compensation is enhanced.

c) With this the Civil Application is disposed off.

d) Office to register the First Appeal and place along with First Appeal No. 1502 of 2019 filed by the Insurance Company.

( KISHORE C. SANT ) JUDGE mahajansb/