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Bombay High CourtCAF/2203/2021delay condonatedrejected

Smt. Kaushalya Wd/O Bhimrao Ghewande And Others v. Sanjay S/O Arjun Sangale And Another

2022-10-12Hon'Ble Shri Justice Abhay Ahuja2 pages

18 CAF-2203-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.2203 OF 2021 IN FIRST APPEAL (ST.) NO.6079 OF 2020 {Smt. Kaushalya Wd/o. Bhimrao Ghewande and Ors. ..Vrs.. Sanjay S/o. Arjun Sangale and Anr.} ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri S. P. Pawar, Advocate for the Applicants/Appellants. Ms N. Borkar, Advocate for the Respondent No.1. Shri G. I. Dipwani, Advocate for the Respondent No.2. CORAM : ABHAY AHUJA, J.

DATE : 12 th OCTOBER , 202 2 .

.

This is an application seeking condonation of delay of 474 days in preferring an appeal challenging the judgment dated 03.09.2018, passed by the Motor Accident Claims Tribunal, Buldana ("the Tribunal"), in MACP No.70 of 2012. 2.

Shri Pawar, learned counsel for Applicants/Appellants draws the attention of this Court to paragraphs 2 to 4 of the application in support of his contention.

3.

Ms Borkar, learned counsel for Respondent No.1 raises a formal objection and Shri Dipwani, learned counsel for Respondent No.2/Insurance Company has no particular objection, if the delay is condoned and the appeal is registered.

4.

Having heard learned counsel and having perused the application, let the delay of 474 days in preferring the first appeal be condoned and let the appeal be registered within a period of two weeks from today.

18 CAF-2203-2021 5.

The civil application accordingly stands disposed. FIRST APPEAL (ST) NO.6079 of 2020.

6.

Let a copy of the memo of appeal alongwith complete annexures be served upon Respondents within a period of four weeks and an affidavit of service alongwith tangible proof be filed by the next date.

7.

Shri Pawar, learned counsel submits that a very short issue is involved in the matter as he had submitted all medical bills, but the same have not been considered by the Tribunal. 8.

Learned counsel for Respondent No.2/Insurance Company would pursue his client to look into those medical bills to confirm the amounts by the next date. 9.

List the matter on 22.11.2022.

(JUDGE) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE