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Bombay High CourtMCA/46/2017allowed

National Insurance Co. Ltd., Thr. Its Branch Manager., v. Smt. Shobha Vassant Gaude Nee @ Shobha Vassant Bhomkar Nee @ Shobha Narayan Kerkar And 4 ORS.,

2017-06-07Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 46 OF 2017 IN STAMP NUMBER MAIN NO. 3593 OF 2016 NATIONAL INSURANCE CO. LTD., THR.

ITS BRANCH MANAGER., ... Applicant

Versus

SMT. SHOBHA VASSANT GAUDE NEE @ SHOBHA VASSANT BHOMKAR NEE @ SHOBHA NARAYAN KERKAR AND 4 ORS., ... Respondents Ms. Y. Mandrekar, Advocate for the applicants. Shri N. Govekar, Advocate for the respondents no.1, 2, 3 and 4. None for the respondent no.4.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 7th June, 2017 P.C.:

Heard Ms. Y. Mandrekar, learned Advocate for the applicants and Shri N. Govekar, learned Advocate for the respondents no.1, 2, 3 and 4.

2. It is contended by Ms. Mandrekar, learned Advocate for the appellant that on account of the internal procedure of the applicants, there was a delay of 17 days in filing the appeal which had to be condoned.

3. Shri Govekar, learned Advocate for the respondent no.1 submits that they have not filed any reply and controverted the said fact which is duly affirmed on oath. The applicants have spelt out in the application that on account of their internal

MCA/46/2017 procedure after obtaining the certified copy of the award, there was a move by their office to the Pune regional Office to obtain the details of permit of vehicle from Directorate of Transport. In that process some delay occurred and consequently there was a delay in filing the appeal.

4. The applicants have sufficiently accounted for the delay in filing the appeal on account of their internal procedure and also on account of procuring the details of the permit of the vehicle in question from the Directorate of Transport. In view thereof and as the delay has been sufficiently accounted, the application is allowed. The delay is condoned.

5. The registry to register the appeal.

NUTAN D. SARDESSAI, J.

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