Laxman Ramchandra Katekar And ORS. v. H. C. Nagarajaiah And ANR.

Rekha Patil 17-IA-9378-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9378 OF 2024 IN FIRST APPEAL (ST) NO.14962 OF 2023 Laxman Ramchandra Katekar and Ors.

...Applicants

IN THE MATTER BETWEEN

Laxman Ramchandra Katekar and Ors.

...Appellants vs.

H.C. Nagarajaiah and Anr.

...Respondents

Mr. Prathamesh Bhargue, for the Applicants.

CORAM : SHYAM C. CHANDAK, J.

DATED : 3rd March, 2025.

P. C. :

INTERIM APPLICATION NO.9378 OF 2024 The present application is seeking condonation of 224 days delay in filing the aforesaid Appeal.

The respondent No. 2 is served with private notice and affidavit is filed to that effect. However, none present for respondent No.2.

Digitally signed by REKHA PRAKASH PATIL Date:

2025.03.04 18:29:38 +0530 REKHA PRAKASH PATIL 1/2

Rekha Patil 17-IA-9378-2024.doc The fact that the offending vehicle was insured with respondent No.2 at the time of accident is not disputed. The claim before the Tribunal proceeded exparte against the respondent No.1 in this application. The delay is not huge. The applicant has not taken any advantage on account of said delay. Learned Advocate for the applicants submitted that the applicants have good case on merits.

In view thereof, Interim Application No. 9378 of 2024 is allowed and delay of 224 days in filing the Appeal is hereby condoned.

Appeal be registered forthwith.

FIRST APPEAL (ST) NO.14962 OF 202 Issue notice to the respondents, returnable on 15th April, 2025.

[SHYAM C. CHANDAK, J.] 2/2