The Divisional Manager, The New India Assurance Co.Ltd. v. Smt.Saudamini Gopinath Das And ORS.

58 caf2775-17.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2775 OF 2017 IN FIRST APPEAL (ST.)NO.18393 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Misar H.G. for the applicant CORAM : K. K. TATED, J DATE : MARCH 12, 2019 P.C.:

Heard.

Though Respondents are duly served, no one appeared on behalf of them when the matter was called out.

By this Civil Application, applicant original defendant no.3 is seeking condonation of 396 days delay in filing First Appeal challenging the judgment and award dated 22.11.2016 passed by Member, MACT, Satara in MACP No.176 of 2010.

Considering the submissions made by the learned counsel for the Applicant and the Mohite 1/2

58 caf2775-17.doc averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order:

A.

Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) this Hon'ble Court may pleased be to condone 3 days delay in filing the Appeal against impugned Judgment and Award dated 22.11.2016, passed by the learned Member, Motor Accident Claims Tribunal, Satara, in M.A.C.P. No.176 of 2010, in the interest of Justice and the above said First Appeal may be heard on merits."

B.

Civil Application stands disposed of accordingly.

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