Bajaj Allianz General Insurance Co. Ltd., Thr. Nilesh Subashchandra Gandhi., v. Babu Shanu Naik And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 630 OF 2018 IN STAMP NUMBER MAIN NO. 43 OF 2018 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR. NILESH SUBASHCHANDRA GANDHI., ... Applicant

Versus

BABU SHANU NAIK AND 2 ORS., ... Respondents Shri Amey Jagdish Sinai Kakodkar, Advocate for the applicant. Shri Dharmanand R. Vernekar, Advocate for the respondent nos.2 and 3.

Coram:- C. V. BHADANG, J.

Date:- 19th November 2018 P.C.

Heard the learned Counsel for the applicant and the learned Counsel for the respondent nos.2 and 3.

2. This is an application for condonation of delay of 279 days in filing appeal.

3. The respondent no.1, who is the original claimant, is absent, though served.

4. One of the reasons for delay is that the application was filed by the applicant under Section 152 of CPC for correction of the Award, which was rejected on 22/08/2017. In para 10 of the application, it is contended that on 23/11/2017, Panaji Divisional Office of the applicant approached their panel Advocate and a

MCA/630/2018 meeting was fixed on 27/11/2017, on which date, the mother of the Advocate suffered heart attack and was required to be hospitalised till 13/12/2017. It is also contended that the Advocate himself took ill and therefore, steps could not be taken to file the appeal.

5. The learned Counsel for the respondent nos.2 and 3, in all fairness, has not controverted the allegations as mentioned in paragraphs 10 and 11 of the application and has left the matter to the discretion of the Court in so far as condonation of delay is concerned.

6. Considering the overall circumstances, I find that the applicant has made out sufficient cause for condonation of delay.

7. The application is accordingly allowed. Delay in filing the appeal is hereby condoned. Let the appeal be registered. C. V. BHADANG, J.

SMA