The New India Assurance Co. Ltd. v. Shri. Vithal Ganpatrao Bhandare And ORS.

24 caf887-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.887 OF 2015 IN FIRST APPEAL (ST) NO.14354 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.S.M.Dange for the applicant Mr.Yuvraj Narvankar for the respondent nos.1 to 5

CORAM

: K.K.TATED, J.

DATED : 06/01/2016 PC:

Heard the learned counsel for the parties.

This application is preferred by Insurance Company for condonation of 40 days delay in filing First Appeal challenging the judgment and award dated 3.12.2013 passed by MACT, Satara in MACP No.197 of 2010.

The learned counsel for the respondent original claimant vehemently opposed the present Civil Application. He submits that applicant has not shown sufficient cause for condonation of inordinate delay of 40 days. Hence, there is no substance in the present Civil Application and same be dismissed with costs.

Mohite 1/2

24 caf887-15.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in paragraph 3 and 4 of the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (a) and (b) which read thus:

"(a) Delay of 40 days in filing the above appeal, be condoned.

(b) The appeal be registered in High Court Registry and be heard on merits."

B) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2