Tata Aig General Ins. Co. Ltd., Mumbai v. Parth @ Kanaha S/O Jitendra Khandelwal Thr. Father Jitendra Satyanarayan Khandelwal And Others

10 caf 2291-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2291/2025 IN FIRST APPEAL ST. NO.10992/2025 Tata AIG General Ins. Co. Ltd., Mumbai Vs.

Parth @ Kanaha s/o Jitendra Khandelwal through father Jitendra Satyanarayan Khandelwal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri H.N. Verma, Advocate for appellant Ms Shreya Bhagat, Advocate for respondent No.1 CORAM : SMT. M.S. JAWALKAR AND RAJ D. WAKODE, JJ.

DATED :

19.09.2025 1.

Heard Shri H.N. Verma, learned Counsel for the applicant through video conferencing and Ms Shreya Bhagat, learned Counsel for respondent No.1.

2.

The present application is filed by the applicant/appellant praying for condonation of delay of 186 days in filing the present appeal. The applicant is the Insurance Company seeking challenge to the judgment and order dated 02.08.2024 passed by learned District Judge in MACP No.31/2017. The reasons stated in paragraph No.3. 3.

Learned Counsel for the applicant contends that the reason in filing the present appeal is because of the

10 caf 2291-2025.odt administrative approval as stated in paragraph No.3 of the application. In view of the aforesaid reasons and the fact that respondent Nos.2 and 3 though served, have not appeared before this Court, we are satisfied that sufficient cause is made out by the applicant for the delay in filing the present appeal. The delay of 186 days in filing the First Appeal is condoned.

4.

The present Civil Application is disposed of. 5.

The Registry is directed to register the present First Appeal.

FIRST APPEAL ST. NO.10992/2025 1.

Issue notice for final disposal to the respondent, returnable on 08.10.2025.

2.

Ms Shreya Bhagat, learned Counsel waives notice for respondent No.1.

3.

The appellant to serve the respondent Nos.2 and 3 by usual mode so also by private mode.

(RAJ D. WAKODE, J.) (SMT. M.S. JAWALKAR, J.) R.S. Sahare