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Bombay High CourtCAF/3939/2025allowed

Cholamandalam Ms General Insurance Co. Ltd., Chennai v. Vilas S/O Laxmanrao Hore And Others

2025-11-07Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2025:BHC-NAG:11563 1 CAF3939-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR C.A.F. NO. 3939/2025 IN F.A. ST. NO. 11782/2025 (CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., CHENNAI VERSUS VILAS LAXMANRAO HORE & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Amit Kukday, counsel for the applicant.

CORAM : PRAFULLA S. KHUBALKAR, J.

D ATE : NOVEMBER 07, 2025 This is an application for condonation of delay in filing the appeal under Section 173 of the Motor Vehicles Act, 1988. 2.

It is submitted that there is delay of only one day in filing the appeal which occurred on account of bona fide reasons as mentioned in the application.

3.

Considering the extent of delay being only one day, the delay in filing the appeal is condoned. The civil application is allowed and disposed of.

C.A.F. NO. 3940/2025.

This is an application under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for grant of stay to the impugned judgment and award.

2.

Issue notice to the non-applicants returnable on 05.12.2025. 3.

In the meantime, there shall be ad-interim stay to the impugned judgment and award subject to the applicant depositing the entire decretal amount in this Court within a period of four weeks from today. The civil application is allowed and disposed of.

2 CAF3939-25.odt FIRST APPEAL STAMP NO.11782/2025.

Issue notice to the respondents returnable on 05.12.2025. (PRAFULLA S. KHUBALKAR, J.) APTE