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Bombay High CourtCAF/277/2020delay condonatedrejected

Oriental Insurance Company Through Its Regional Manager, Nagpur v. Smt. Paurnima Wd/O Suresh Mansute And Others

2021-08-05Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

31CAF 277.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 277 OF 2020 IN FIRST APPEAL ST. NO. 20798 OF 2019 (Oriental Insurance Company Vs. Smt. Paurnima wd/o Suresh Mansute & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Ms. S.O. Tapdiya, Advocate h/f Shri A.M. Quazi, Advocate for the applicant/ appellant.

Shri A.D. Bhate, Advocate for respondent Nos. 1 to 3. .....

CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 05, 2021.

Heard.

2] This is an application seeking condonation of delay of 7 days caused in filing the First Appeal.

3] The reasons for delay are mentioned in para 4 and 5 of the application.

4] Considering the reasons mentioned in the application and finding them to be satisfactory, the application is allowed. Delay of 7 days caused in filing the First Appeal stands condoned. Appeal be registered.

31CAF 277.2020 FIRST APPEAL NO................./2021.

5] Issue notice to the respondents, returnable after eight weeks.

6] Shri Bhate, learned counsel, waives notice for respondent Nos.1 to 3.

CIVIL APPLICATION (F) NO. 1470 OF 2021.

7] This is an application filed on behalf of the applicants/ respondents seeking permission to withdraw the amount deposited by the appellant. 8] It is submitted that the financial condition of the present applicants is absolutely precarious. The deceased, in respect of whom the Claim Petition was preferred, was the husband of applicant No.1 and father of applicant Nos.2 and 3 and he was the sole bread earner of the family and that the applicants are surviving at the mercy of old aged parents of applicant No.1.

9] Considering the aforesaid submissions, 75% of the amount deposited is permitted to be withdrawn on furnishing usual undertaking before the Registrar (Judicial).

10] Civil Application stands disposed of.

JUDGE Sumit