The New India Assurance Co. Ltd.,Mumbai v. Vijay Vasant Divkar And ANR.

26-IA-8831-24 IN FAST-28262-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8831 OF 2024 IN FIRST APPEAL (ST) NO.28262 OF 2023 The New India Assurance Co. Ltd., Mumbai .... Applicant by NILAM SANTOSH KAMBLE Date: 2025.12.09 11:18:25 +0530 NILAM SANTOSH KAMBLE V/s.

Vijay Vasant Divkar & Anr.

.... Respondents ---- Mr.Sandeep Jinsiwale, for the Applicant/Appellant. Mr.T.J. Mendon, for the Respondents.

---- CORAM : R.M. JOSHI, J.

DATE : 8th DECEMBER 2025 P.C:- .

Heard counsel for both sides.

2.

The learned counsel for the Appellant/Applicant submits that, delay has been satisfactorily explained and no mala fides can be attributed.

3.

The learned counsel for the Respondent-Original Claimants vehemently opposed the Application. 4.

For the reasons mentioned in the Application, it cannot be said that, the delay is deliberate for want of any mala N.S. Kamble page 1 of 2

26-IA-8831-24 IN FAST-28262-23.doc fides and for the reasons delay is satisfactorily explained. 5.

The Application is allowed.

6.

The Appeal be registered.

(R.M. JOSHI, J.) N.S. Kamble page 2 of 2