Sharad Bhagaji Pathade v. United India Insurance Co. Ltd., Thr Its Branch Manager, Ahmednagar And ANR

{1} 952 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO. 2601 OF 2022 IN FAST/40038/2019 Sharad Bhagaji Pathade ....Applicant

VERSUS

United India Insurance Co. Ltd., Thr Its Branch Manager, Ahmednagar And Anr .....Respondent .....

Advocate for Applicant : Mr. Shaikh Majit S And Y.k. Shaikh AGP for Respondent No.1: Mr. M.R. Deshmukh CORAM : S.G. CHAPALGAONKAR, J.

DATE : 13TH FEBRUARY, 2024.

ORDER :- By this application, the applicant seeks to condone the delay of 1174 days caused in filing the first appeal against the judgment and award dated 30.6.2016 passed by Motor Accidents Claim Tribunal, Shrirampur in MACP No.207 of 2015.

2.

After service of notice of this application, respondent No.1 has caused appearance, however, contents of the application are not refuted by filing an affidavit in reply. Respondent No.2 is served but none appears for respondent No.2.

{2} 952 sr.no..odt 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 1174 days caused in filing the appeal is 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/-