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Bombay High CourtCAF/1004/2019allowed

Smt. Shalu Khushal Mohurle And Another v. Bharti Axa General Insurance Co. Ltd. Nagpur And Another

2025-07-29Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 30-CAF-1004-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.1004 OF 2019 IN FIRST APPEAL ST. NO.29664 OF 2018 Smt Shalu Khushal Mohurle, Tah. Ballarpur, Dist. Chandrapur and anr. vs.

Bharti Axa General Insurance Co. Ltd., Nagpur and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. O. Ahmed, Advocate for applicant/appellants. Mrs N. J. Patil, Advocate h/f Shri R. D. Bhuibhar, Advocate for respondent No.1. CORAM : ABHAY J. MANTRI, J.

DATED : 29-07-2025 The applicants-appellants have filed this application for condonation of delay of 183 days in filing the appeal, for which the learned Advocate for respondent No.1 has objected. 2.

Though served, none appears for respondent No.2. 3.

Having considered the reasons disclosed in the application and having gone through the impugned judgment, I deem it appropriate to condone the delay caused in filing the appeal, which would not cause prejudice to the respondents. Hence, I do not find substance in the objection of respondent No.1 to oppose the application.

4.

Consequently, the application is allowed as prayed. Delay of 183 days in filing the appeal is condoned. The appeal be registered accordingly.

First Appeal St. No.29664/2018 5.

Heard.

6.

Issue notice to the respondents, returnable on 25/08/2025.

2 30-CAF-1004-19.odt 7.

Mr. N. J. Patil, learned Advocate, waives service of notice for respondent No.1.

8.

Call for record and proceedings.

9.

Learned Advocate for respondent No.1 submitted that respondent No.1-Insurance Company is merged with ICICI Lombard Insurance Company, and as such, he will file pursis in that regard.

10.

If pursis as aforesaid is filed, the learned Advocate for respondent No.1 is permitted to correct the name of respondent No.1 accordingly.

(ABHAY J. MANTRI, J.) Asmita