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Bombay High CourtCAF/1759/2018

Iffco- Tokio General Insurance Co. Ltd. v. Shri. Ashok Dinkar Karande Through His Next Friend Sou. Manish Ashok Karande And ORS.

2018-08-10Hon'Ble Shri Justice K. K. Sonawane2 pages

(924) CAF 1759-18.doc Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1759 OF 2018 IN FIRST APPEAL (STAMP) NO. 13447 OF 2018 IFFCO-TOKIO General Insurance Co. Ltd.

.. Applicant Vs.

Shri Ashok Duinkar Karande & Ors.

.. Respondents Ms. Deepika Prabala I/b Reis Juris for the Applicant. Mr. Bhushan Walimbe for Respondent No.1.

CORAM : K. K. SONAWANE, J.

DATE : 10 th AUGUST, 2018.

P. C. :

1.

Heard learned Counsel for applicant-Insurance Company and learned Counsel for Respondent No.1-original claimant. Despite service of notice, no one else appeared on behalf of respondent No.2. Notice to respondent No.3 was pasted on the door of his house but he did not turn up to this Court. He is driver of the offending vehicle. In view of report, service of notice to respondent No.3 is complete. 2.

The present application is filed on behalf of applicant-Insurance Company for condonation of delay of 20 days in presenting appeal against the impugned Judgment and Award passed by the M.A.C.T., Kolhapur in M.A.C. No. 260 of 2016.

3.

In view of reasons mentioned in the application and nature of subject matter, there is no impediment to condone the delay of 20 days. 1/2

(924) CAF 1759-18.doc Hence, the application deserves to be allowed. 4.

Accordingly, the application stands allowed in terms of prayer clause (b). The delay caused in filing First Appeal against the Judgment and Award passed by M.A.C.T., Kolhapur in M.A.C. No. 260 of 2016 is hereby condoned.

5.

Registry to take requisite steps for further process. by Arjun Machhindra Kadam Date:

2018.08.20 11:54:19 +0530 Arjun Machhindra Kadam [K. K. SONAWANE, J.] 2/2