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Bombay High CourtIA/6582/2024allowed

Cholamandal Ms General Insurance Co. Ltd. v. Shri. Lal Shankar Shitla Prasad Yadav And ANR.

2024-08-09Hon'Ble Justice Sharmila U. Deshmukh1 pages

2024:BHC-AS:32481 70-IA-6582-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.6582 OF 2024 IN FIRST APPEAL (ST) NO.1401 OF 2024 Cholamandal Ms General Insurance Co. Ltd.

...Applicant

Versus

Shri. Lal Shankar Shitla Prasad Yadav And Anr.

...Respondents

------ Adv. Prathamesh Mandlik, Karan Singh Bhadoria h/f Nitesh Vishwanath Bhatekar for the Applicant.

Adv. T. J. Mendon for Respondent No. 1.

------ Coram : Sharmila U. Deshmukh, J.

Date : August 9, 2024.

P. C. :

1.

Interim Application has been preferred seeking condonation of delay of 6 days caused in filing the present Appeal. It is stated that the Applicant being an Insurance Company was required to obtain certain approvals before filing the challenge in higher forum and as such, there is delay.

2.

Learned counsel for Respondent No. 1 submits that certified copy was ready on day when it was applied and due to default on part of the Insurance Company to collect the same, there was a delay and the delay is not of six days but more than six days. 3.

Considering that the Applicant is a Insurance Company and it is well known that before challenging the impugned order, it was necessary to obtain necessary approvals from the higher authority. Considering the explanation set out in paragraph No. 3 of the Application, I am inclined to allow the Application. 4.

For the reason stated, delay is condoned. Application stands allowed.

[Sharmila U. Deshmukh, J.] Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 14/08/2024 10:49:11 Harish 1 of