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Bombay High CourtCAF/2345/2022delay condonatedrejected

Hdfc Ergo General Insurance Co. Ltd., Thr. Divisional Manager, Mumba v. Sau. Damayanti Bhanudas Das And Othrs

2023-01-07Hon'Ble Justice Urmila Joshi Phalke2 pages

12.caf.2345.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.2345 OF 2022 IN FIRST APPEAL (ST.) NO.12163 OF 2022 (HDFC ERGO General Insurance Co. Ltd. Vs. Sau. Damayanti Bhanudas Das and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri A.M. Kukday, Advocate for the appellant. None for the respondents.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JANUARY 07, 2023.

Heard.

2.

Office note shows that respondent Nos.1 to 3 are served, however none appeared for respondent Nos.1 to 3.

3.

The appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal, Buldhana along with the delay condonation application. Eight days delay is caused in preferring the appeal. 4.

It is submitted by Shri Kukday, learned Counsel for the appellant that the Divisional Manager has to obtain the permission from the higher officials to file the appeal. Said permission was not granted within time, and therefore, delay is caused and there is a just and reasonable cause in condonation of delay.

5.

Considering the reasons mentioned in the application, the delay is condoned. The civil application is allowed and disposed of accordingly.

12.caf.2345.22.odt FIRST APPEAL (ST.) NO.12163 OF 2022 Heard.

2.

ADMIT.

3.

Call for R. and P.

4.

The appellant to file private paper book within a period of eight weeks.

5.

Stand over after eight weeks.

(URMILA JOSHI-PHALKE, J.) *Divya Signed By:DIVYA SONU BALDWA Personal Assistant