Govindrao Ramchandra Lanjewar v. The Branch Manager, United India Insurance Co. Ltd. Nagpur And Others

caf 336.2019 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 336 OF 2019 IN FIRST APPEAL ST. NO.15107/2018 [Govindrao Ramchandra Lanjewar Vs. The Branch Manager, United IndiaInsurance Co. Ltd. Nagpur & Ors.) -------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________________________________ Shri M.V. Amale, Advocate for appellant/applicant Ms. Nita Sharma h/f Ms. M.M. Pathade for respondent no.2 and 3 CORAM : M. G. GIRATKAR, J.

DATE : 17/01/2020 Heard Shri M.V. Amale, learned Advocate for appellant/applicant.

The delay is of 114 days. As per the submission, appellant's counsel remained absent and, therefore, there was no cross examination by the side of appellant to the witness before Claim Tribunal. Therefore, Claim Tribunal fasten the liability on the appellant. Learned counsel has submitted that delay is caused, as his counsel not informed about the impugned judgment. He came to know about impugned judgment, when he received notice of execution proceeding, therefore, prayed to allow the application.

Heard learned Advocate Ms. Nita Sharma for respondent nos. 2 and 3.

caf 336.2019 .odt None appears for respondent no.1.

Looking to the submission, the application is allowed. Delay is condoned. Appeal be registered. First Appeal (St.) No. 15107/2018 Issue notice for final disposal to the respondents returnable on 10.02.2020.

Ms. Nita Sharma holding for Ms. Pathade, learned Advocate waives notice for respondent nos. 2 and 3.

Call R & P.

JUDGE C.R. Khobragade