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Bombay High CourtMCA/880/2015disposed of

National Insurance Co.Ltd. Through Its Divisional Officer. v. Shri.Dharmendra Saha And 2 ORS.,

2016-09-16Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 880 OF 2015 IN STAMP NUMBER MAIN NO. 3259 OF 2015 NATIONAL INSURANCE CO.LTD. THROUGH ITS DIVISIONAL OFFICER.

... Applicant

Versus

SHRI.DHARMENDRA SAHA AND 2 ORS., ... Respondents Ms. Yadika Mandrekar, ADvocate for the applicant. Shri Vibhav Amonkar, Advocate under the Legal Aid Scheme. Shri Marie Rosette Pereira, Advocate for the respondent no.2. Coram:- NUTAN D. SARDESSAI, J.

Date:- 16th September, 2016 P.C.

The learned Advocates for the respective respondents submit that they have no objection.

2. i have otherwise perused the grounds set out in the application under consideration and from which it is apparent that the delay of 3 days in filing the appeal was occasioned on account of the internal procedure of the applicant.

3. In any event the facts set out have not been controverted on oath and in any event, reasonable grounds have been made out for condoning the delay. The parties cannot be prejudiced to pursue their remedy on the premise that there is a delay when they have otherwise set out the grounds for succeeding in the matter on merits.

4. In view thereof the application is allowed and the delay is

MCA/880/2015 condoned. The Registry to register the appeal.

5. The application stands disposed off.

NUTAN D. SARDESSAI, J.

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