The New India Assurance Co. Ltd. Divisional Manager, Solapur Thr. Mumbai Legal Hub v. Amol S/O Subhash Bankar And ORS.

P.H. Jayani 31(A) IA12389.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12389 OF 2024 IN FIRST APPEAL (ST.) NO. 18471 OF 2024 The New India Insurance Co. Ltd.

.... Applicant V/s.

Amol s/o. Subhash Bankar and Ors.

.... Respondents Mr. Devendranath S. Joshi for the Applicant.

Mr. R.S. Alange for Respondent Nos.1 to 3.

CORAM : SHYAM C. CHANDAK, J.

DATED : 05th MAY, 2025 P.C. :- .

Heard learned Advocate for the parties.

2) By this Application, the Applicant seeks condonation of 11 days delay in filing the aforesaid Appeal.

3) Mr. Joshi, learned Advocate for the Applicant submitted that the Respondent No.4/Original Opponent No.1 was driver of the offending vehicle. The claim proceedings were abated against Respondent No.4. No statutory defence is available to the Applicant against Respondent No.5/owner of the offending vehicle. Therefore, he submits that the notice to Respondent No.5 be dispensed with.

4) Hence, notice to Respondent No.5 is dispensed with. 5) There is only 11 days delay in filing the aforesaid Appeal. Mr. Joshi, learned Advocate for the Applicant submitted that the delay was on account of the administrative reasons.

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P.H. Jayani 31(A) IA12389.2024.doc 6) In view thereof, the delay of 11 days in filing the aforesaid Appeal, is condoned. Appeal be registered forthwith. 7) Interim Application stands disposed of.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.05.10 10:43:54 +0530 2/2