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Bombay High CourtCA/2609/2024partly allowed and partly dismissed

Sanjay S/O Kishanrao Sapkal And ANR v. New India Insurance Company And ANR

2024-08-23Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

ca 2609.24+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 979 CIVIL APPLICATION NO. 2609 OF 2024 IN FAST/22600/2023 Sanjay S/o Kishanrao Sapkal And Anr

VERSUS

New India Insurance Company And Anr ...

Advocate for Applicant : Mr. Pandurang S Koshti Advocate for Respondents : Mr. A.S. Usmanpurkar For R/1, Adv. V.B. Dhage For R/2 ...

WITH CIVIL APPLICATION NO. 9243 OF 2023 IN FAST/22600/2023 New India Insurance Co Ltd Through Its Divisional Manager

VERSUS

Sanjay So Kishanrao Sapkal And 2 Others ...

Advocate for Applicant : Mr. Usmanpurkar Aniruddha S. Advocate for Respondents : Mr. Dhage Vaibhav B. For R/3, Mr. Kharate Gajanan T. And Koshti P.S. For R/1 And 2 ...

WITH CIVIL APPLICATION NO. 9244 OF 2023 IN FAST/22600/2023 CORAM : S. G. CHAPALGAONKAR, J.

Dated : August 23, 2024 PER COURT :- CA 9243/23 :- (Delay) 1.

Heard Mr. Usmanpurkar, learned advocate appearing for the applicant and learned advocates appearing for respondents. 2.

The applicant seeks to condone delay of 48 days caused in filing the appeal.

ca 2609.24+.odt 3.

Having considered the reasons as stated in the application and submissions advanced, case is made out to condone the delay. Hence, application is allowed. Delay stands condoned. CA stands disposed off.

4.

Appeal be registered. On registration of the appeal, issue notice to the Respondents. Learned advocates appearing for the respective respondents waive notice.

5.

Call for Record and Proceeding.

6.

Stand over to 20.9.2024. Parties are put to the notice that appeal will be heard finally at the stage of admission. 7.

Civil application No.2609/2024 for withdrawal of amount be considered at the time of admission of appeal. CA No.9244 of 2023 :- (Stay) 8.

Mr. Usmanpurkar, learned counsel appearing for the applicant submits that entire amount as per the award passed by the Tribunal has been deposited with the Registry of this Court.

9.

Said statement is not controverted by respondents. Hence, application is allowed in terms of prayer clause 'B & C' and disposed off.

( S. G. CHAPALGAONKAR ) JUDGE ...

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