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Bombay High CourtIA/3351/2025disposed off

Neha Ashok Dhokte And ORS. v. Jusabhai Suleman Gada And ORS.

2025-05-02Hon'Ble Shri Justice Shyam C. Chandak2 pages

Manoj 6-IA-3351-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3351 OF 2025 IN FIRST APPEAL (ST) NO. 23299 OF 2024 Ku. Neha Ashok Dhokte And Ors.

...Applicants V/s.

Jusabhai Suleman Gada And Ors.

...Respondents

Mr. Avesh A. Ghadge i/by Mr. Akshay Kulkani, for the Appellant in FA/974/2023.

Mr. Yogesh Pande a/w Adv. Rupa Singh, for the Respondent Nos.1 to 4 in IA/16145/2023, for Appellants in FA(ST)/23299/2024 and for Applicants in IA/7774/2025, IA/3351/2025.

Mr. Prasad P. Kulkarni, for the Respondent No.6 in FA/974/2023, for the Applicant in IA/15340/2024 and for Respondent No.3 in FA(ST)/23299/2024.

CORAM : SHYAM C. CHANDAK, J.

DATED : 02nd MAY, 2025 P.C. :- .

Heard.

2) At the outset, Mr. Pande, learned Advocate for the Applicants seeks leave to amend the cause title.

3) Leave to amend is granted to write the serial number of Respondent No.3. Amendment to be carried out forthwith. 4) Present Application filed by the Original Claimants seeking condonation of 427 days delay in filing the aforesaid Appeal. 5) Learned Advocate for Respondent No.2 opposed the Application.

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Manoj 6-IA-3351-2025.doc 6) In the First Appeal No.974 of 2023 filed by the Respondent No.2/Insurance Company notice to Respondent No.1 herein/Respondent No.6 therein has been dispensed with.

7) Mr. Pande, learned Advocate states that the Claimants have filed the Appeal only on the ground of apportionment and interest. The Applicants have not taken any advantage on account of the said delay. He states that the Applicants have a good case on merit. 8) In view thereof and for other reasons stated in the Application, I am inclined to allow the Application. Hence, following Order.

ORDER

(a) Application is allowed.

(b) The delay of 427 days in filing the aforesaid Appeal is condoned.

(c) Appeal be registered forthwith.

(d) Application stands disposed of.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.05.13 14:31:23 +0530 2/2