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Bombay High CourtCA/92/2026admittedallowedgrantedrule absolute

The New India Assurance Co Ltd Through Its Branch Office v. Asma Bi Wd/O Asif Kha Pathan

2026-03-13Hon'Ble Shri Justice Y. G. Khobragade2 pages

2026:BHC-AUG:10857 ( 1 ) 924 ca 92.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924CIVIL APPLICATION NO. 92 OF 2026 IN FAST/23343/2025 THE NEW INDIA ASSURANCE CO LTD

VERSUS

ASMABI ASIF KHA PATHAN .....

Advocate for Applicant : Mr. S.R. Bodade Advocate for Respondents : Mr. Shaikh Kayyum Najir .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

13.03.2026 P.C.:- 1.

By the present application, the applicant/insurance company is seeking condonation of delay of 58 days caused while lodging the application for restoration of appeal of which registration has been refused under order dated 30.09.2025 passed by the Registrar (Judicial) of this Court for non removal of office objections.

2.

The learned counsel appearing for the non-applicant strongly opposed the application. However, considering the grounds set out in the application, this Court is satisfied that the applicant has made out bona fide grounds to condone the delay and to set aside the order dated 30.09.2025 passed by the Registrar of this Court and to restore the appeal to its original

( 2 ) 924 ca 92.26 stage at which stage the appeal was dismissed. 3.

Accordingly, civil application no.92/2026 is allowed. The delay of 58 days caused in lodging the application for restoration of appeal is hereby condoned. The order dated 30.09.2025 passed by the Registrar (Judicial) is hereby quashed and set aside. Office to register the first appeal and place before this Court on 25.03.2026. In the meantime the appellant shall remove al the office objections.

[Y.G. KHOBRAGADE, J.] mubashir