Hdfc Ergo General Insurance Co. Ltd., Secunderabad Thr. Its Branch Manager, Nagpur v. The Akola Zilla Krushi Audyogik Sarva Sahakari Soc. Ltd., Thr. Manager, Anil Trimbakrao Raut And An

F.A.St.10916.2018.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR First Appeal Stamp No.10916 of 2018 HDFC ERGO General Insurance Co. Ltd. Vs. The Akola Zilla Krushi Audyogik Sarva Sahakari Society Ltd. Akola and Anr.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri H.N. Verma, Advocate for the Appellant.

Shri A.D. Girdekar, Advocate for Respondent No.1. CORAM : S.M. MODAK, J.

DATE : 4 th JANUARY, 2021.

Civil Application (CAF) No.3122 of 2018 Respondent No.2 is the owner of the vehicle. Service on them is awaited. Even before the Claims Tribunal they have not appeared. The Claims Tribunal has pronounced the judgment on 23rd November, 2017. For the reasons stated in the application, the Insurance Company could not prefer an appeal in time. The reasons are sufficient. Respondent No.1/original claimant has opposed for the condonation of delay. I consider them sufficient. Learned Advocate Shri H.N. Verma for the Insurance Company undertakes to deposit the decretal amount within a period of two weeks. Hence the order:- The delay of 45 days caused in preferring an appeal is condoned.

The civil application is disposed of.

F.A.St.10916.2018.

2/2 First Appeal Stamp No.10916 of 2018 Heard.

Issue notice to the respondents, returnable after three weeks.

Call R & P.

Learned Advocate Shri A.D. Girdekar waives notice for respondent No.1/original petitioner.

Issue fresh notice to respondent No.2 by R.P.A.D. Civil Application (CAF) No.3123 of 2018 The appellant/Insurance Company is ready to deposit the decretal amount within a period of two weeks. Statement is accepted.

Stay is granted to the execution of the impugned judgment, subject to deposit of that amount. It is made clear that if the amount is not deposited during that period, stay will stand vacated automatically.

JUDGE vijay