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Bombay High CourtCAF/2655/2024allowed

Bajaj Allianz General Insurance Co Ltd Thr The Branch Manager Nagpur v. Smt. Savita Wd/O Ashokrao Kale And Others

2025-01-28Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2655 OF 2024 IN FIRST APPEAL ST NO.11079 OF 2024 BAJAJ ALLIANZ GENERAL INSURANCE CO LTD THR THE BRANCH MANAGER NAGPUR VS SMT. SAVITA WD/O ASHOKRAO KALE AND OTHERS ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Mrunal Naik, Advocate for the appellant/s Mr. Vivek Awchat, Advocate for the respondent Nos.1 and 2. Mr. P.K. Raulkar, Advocate for the respondent Nos.3 and 4 -------------------------------

CORAM

: ROHIT W. JOSHI, J.

DATE : 28 th January, 2025 1.

This is an application for condonation of delay of 258 days in filling the appeal.

2.

The delay is explained, stating that procedural formalities of the department consumed certain time beyond the control of the applicant, as a consequence of which, unintentional delay is occurred.

3.

The learned counsel for the respondents/claimants strongly opposes the application.

4.

However, having regard to the reasons mentioned in the application, which are supported by affidavit and also having regard to the fact that the entire amount has been deposited by the applicant with this Court, I am of the considered opinion that the delay deserves to be condoned and accordingly, it is condoned. The application is allowed nd.thawre

and disposed of.

5.

The first appeal be registered.

FIRST APPEAL ST NO.11079 OF 2024 6.

Mr. Awchat, learned counsel, waives service of notice for the respondent Nos.1 and 2.

7.

Mr. Raulkar, learned counsel, waives service of notice for the respondent Nos.3 and 4.

8.

Parties are put to notice that the appeal may be heard finally at admission stage on 18.02.2025.

9.

Call for the Record and Proceedings.

10.

Office to ensure that the Record and Proceedings is received before the returnable date.

(ROHIT W. JOSHI, J.) Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 29/01/2025 18:45:15 nd.thawre