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Bombay High CourtMCA/794/2015allowed

Iffco Tokio General Insurance Co Ltd. Through Its Signatory Mr.Saurabh Singh And ANR., v. Mr.Kevin Fernandes And 4 ORS.,

2015-11-19Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 794 OF 2015 IN STAMP NUMBER MAIN NO. 3220 OF 2015 IFFCO TOKIO GENERAL INSURANCE CO LTD. THROUGH ITS SIGNATORY MR.SAURABH SINGH AND ANR., ... Applicants

Versus

MR.KEVIN FERNANDES AND 4 ORS., ... Respondents Mr. V.G. Kurtikar, Advocate for the applicants. Mr. E. Afonso, Advocate for the respondents.

Coram:- C. V. BHADANG, J.

Date:- 19th November, 2015 P.C.:

Heard the learned counsel for the applicants.

2. Leave to delete the name of the respondent no.5 (who is also the appellant no.2) is granted. Amendment to be carried out forthwith.

3. Issue notice, returnable after two weeks. Mr. Afonso, the learned counsel waives service for respondents no.1 to 4.

4. The learned counsel for respondent nos.1 to 4 opposes the prayer for condonation of delay. It is submitted that the delay mentioned in the application is not correctly calculated and the reasons are not sufficient for condoning the delay.

MCA/794/2015

5. On hearing the learned counsel for the parties and on perusal of the record and looking to extent of the delay, the same is condoned. The Misc. Civil application is allowed. Let the First Appeal be registered.

C. V. BHADANG, J.

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