National Insurance Co. Ltd. Thr. Its Branch Manager., v. Shri. Abdul Karim @ Abdulsab Nadaf And 7 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 716 OF 2016 IN STAMP NUMBER MAIN NO. 2612 OF 2016 NATIONAL INSURANCE CO. LTD. THR.

ITS BRANCH MANAGER., ... Applicant

Versus

SHRI. ABDUL KARIM @ ABDULSAB NADAF AND 7 ORS., ... Respondents Ms. Y. Mandrekar, Advocate for the Applicants. Ms. S. Bhobe holding for Shri Ashwin D. Bhobe, Advocate for the Respondent No.1.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 6th June, 2017 P.C.:

Head Ms. Y. Mandrekar, learned Advocate for the applicants and Ms. S. Bhobe holding for Shri A.D. Bhobe, learned Advocate for the respondent no.1. None for the respondents no.2 to 5, 7 & 8. The respondent no.6 though duly served is absent.

2. The applicants seek the condonation of delay of 53 days in filing the appeal on the premise that the papers were processed through the Pune regional office of the applicants for further action as per their internal procedure. The impugned award was accordingly processed and details sought of the permit of the vehicle from the Directorate of Transport by corresponding with

MCA/716/2016 the concerned department and only thereafter was the decision taken to prefer an appeal. The time was consumed to finalise the appeal and in view thereof there was a delay in filing the appeal. These facts asserted on oath have not been controverted by the respondent no.1 who is the sole contesting party in this proceeding.

3. In view thereof and as these facts have been asserted on oath and none of the parties have controverted the said facts, i am satisfied that it is a fit case made out to condone the delay. In view thereof the delay is condoned. The application stands disposed off. Registry to register the appeal. NUTAN D. SARDESSAI, J.

NH