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Bombay High CourtCA/8759/2025admittedallowedgrantedrule absolute

Afzal Sattar Pathan And ORS v. United India Insurance Company Ltd Through Branch Manager And ORS

2025-11-14Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

917 CA NO. 8759 OF 2025 +.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 8759 OF 2025 IN FAST/10012/2025 Afzal Sattar Pathan And Ors

VERSUS

United India Insurance Company Ltd Through Branch Manager And Ors ...

Mr. Zambare Sudheer Ramdas, Advocate for Applicant Mr. M. R. Deshmukh, Advocate for Respondent No.1 WITH CIVIL APPLICATION NO. 3918 OF 2025 IN FAST/10012/2025 United India Insurance Company Ltd Through Its Branch Manager

VERSUS

Afzal Sattar Pathan And Ors ...

Mr. Deshmukh Mohit R., Advocate for Applicant Mr. Zambare Sudheer Ramdas, Advocate for Respondent No.1 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 14.11.2025 PER COURT :- CIVIL APPLICATION NO. 8759 OF 2025 IN FAST/10012/2025 1.

This is an application for permission to withdraw the amount deposited in this Court under the award.

2.

The learned advocate for the applicant seeks time to bring the legal representatives of the applicant on record. 3.

In view of the above, stand over to 28.11.2025.

(( 2 )) 917 CA NO. 8759 OF 2025 + CIVIL APPLICATION NO. 3918 OF 2025 IN FAST/10012/2025 1.

Heard the learned counsel for the parties.

2.

This is an application for condonation of delay of 71 days caused in filing the first appeal.

3.

The learned counsel for respondent strongly opposed the application and submitted that there is no sufficient reason to condone the delay.

4. Perused the application. For the reasons stated therein, the application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence the following order: ::ORDER::

a.

Civil Application is allowed and disposed of. b.

The delay of 71 days caused in filing the first appeal is hereby condoned.

FIRST APPEAL 1.

Issue notice to the respondents, returnable on 19.12.2025. 2.

Mr. S. R. Zambare, learned Advocate waives service of notice for Respondent No.1.

[ SANJAY A. DESHMUKH, J. ] HRJadhav