Bajaj Allianz General Insurance Company Limited v. Shri. Kanta @ Bhanudas Anant Sarang And ORS.

hcs 33.a2116.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2116 OF 2016 IN FIRST APPEAL STAMP NO.7022 OF 2016 Bajaj Allianz General Insurance Co. Ltd.

...

Applicant.

V/s.

Kanta @ Bhanudas A. Sarang & Ors. ...

Respondents.

Mr.M.M.Sathaye for the Applicant.

Ms.Jyoti Bajpayee i/b S.S.Dwivedi for Respondent No.3. CORAM : V.G. BISHT, J.

DATE : 14TH JANUARY, 2020.

P.C.:

1.

Heard.

2.

By this application, the applicant has prayed for condonation of delay of 388 days caused in filing the Appeal. The reasons for delay are mentioned in paragraphs 2 and 3 of the Civil Application. Although, the reasons assigned by the applicant are no convincing, yet the fact remains that the contentions are not contested by the respondents by remaining absent. Even otherwise, no prejudice would be caused to the respondents, if the matter is decided on merits after giving opportunity to both sides. Since there is delay of 388 days, the same can be condoned by saddling costs on the applicants.

3.

In view of this, the delay of 388 days is condoned subject to payment of the costs of Rs.2000/- which is to be 1/2

33.a2116.16.odt deposited by the applicant with the office of Maharashtra State Legal Services Authority within four weeks from today. Subject to deposit of costs, the appeal be numbered and listed for admission on 18th February, 2020.

(V.G. BISHT, J.) 2/2