Bhuribai Subhash Pawara And ORS v. The National Insurance Company, Divisional Office, Dhule And ANR

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 65 CIVIL APPLICATION NO. 391 OF 2025 IN FAST/10006/2024 WITH CIVIL APPLICATION NO. 3601 OF 2024 IN FAST/10006/2024 WITH CIVIL APPLICATION NO. 3602 OF 2024 IN FAST/10006/2024 BHURIBAI SUBHASH PAWARA AND ORS

VERSUS

THE NATIONAL INSURANCE COMPANY, DIVISIONAL OFFICE, DHULE AND ANR ...

Advocate for Applicants : Mrs. Sabahat Hifazatali Kazi Advocate for Respondent No.1 : Mr.Aniruddha S. Usmanpurkar ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 30.01.2025 PER COURT :- ORDER ON APPLICATION FOR WITHDRAWAL :

1.

Leave to correct prayer Clauses.

2.

Application to be heard at the time of hearing of appeal, after receipt of record and proceedings. ORDER ON DELAY CONDONATION APPLICATION :

3.

Heard Mr. Usmanpurkar, learned Advocate

representing for applicant. He submits that deceased respondent No. 5 is represented by respondent Nos.1 to 4. Therefore, he seeks permission to delete respondent No. 5 as no case is against him.

Applicants seek condonation of delay of 96 days caused in filing appeal. Reasons in the application shows that delay occasioned on account of administrative reasons. The contents of the application are not controverted by filing affidavit to that effect. In that view of the matter, a case is made out to condone delay. Resultantly, Civil Application is allowed. Delay of 96 days caused in filing appeal stands condoned. Appeal be registered subject to removal of office objections. ORDER ON STAY APPLICATION :

5.

Mr. Usmanpurkar, learned Advocate for applicant submits that entire amount with interest as per award passed by the Tribunal has been deposited with the registry of this Court. In that view of the matter, application stands allowed in terms of prayer Clause (B) and is disposed off. Appeal be registered.

6.

On registration of appeal issue notice to respondents, returnable on 27.02.2025.

7.

Mrs. Kazi, waives service of notice for respondent Nos. 1 to 4/ Original Claimants.

8.

Call for record and proceedings.

( S. G. CHAPALGAONKAR ) JUDGE mahajansb/