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Bombay High CourtIA/1155/2020disposed off

The New India Assurance Co.Ltd. Through Its Branch Manager, v. Smt. Vandana Ashok Dhanawade And ORS.

2021-10-07Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 17-IA-1155-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1155 OF 2020 IN FIRST APPEAL(ST) NO. 1704 OF 2020 IN M.A.C.P. NO. 476 OF 2013 The New India Assurance Co. Ltd.

.. Applicant Vs.

Vandana Ashok Dhanawade and Ors.

.. Respondents Ms. Deepika Prabhala i/b RES Juris for the applicant. None for the respondents.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 07TH OCTOBER, 2021.

P.C:- 1.

By the present application, the applicant who has instituted the First Appeal seek condonation of delay of 70 days in filing the Appeal.

2.

Heard learned Counsel for the applicant and perused the application. The Appellant has filed an Appeal challenging the Judgment and Award dated 3rd August 2019 passed by M.A.C.T. Kolhapur in M.A.C. Petition No. 476 of 2013. In the application, the Y.S.Patil

2/2 17-IA-1155-2020.odt applicant has set out the reasons by which the delay had caused. It is mentioned in the application that apart from receiving the copy of the impugned judgment and consulting the learned Counsel, necessary funds were required to be made available for instituting the First Appeal and that is how the delay has caused. The reasons set out in paragraphs nos. 3 to 7 of the application, are bonafide and since the appellant is an Insurance Company, on account of multiplicity of the department which were involved, some concession must be granted to them.

3.

In my considered opinion, a case is made out for condonation of delay which justify a sufficient cause. Interim application No. 1155 of 2020 is made absolute in terms of prayer clause (a). Accordingly, Interim Application No. 1155 of 2020 is disposed of. [SMT. BHARATI DANGRE, J.] Y.S.Patil