Shriram General Insurance Co. ... vs Sharada Vishnu Fad And Ors
2021 Latest Caselaw 6286 Bom

                                      1                            967-CA-13030-17.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                      CIVIL APPLICATION NO.13030 OF 2017
                              IN FAST/33715/2017

     SHRIRAM GENERAL INSURANCE CO. LTD., PUNE AND ANOTHER
                                VERSUS
                SHARADA VISHNU FAD AND OTHERS
                                   ...
        Advocate for Applicants : Mr. Vinayak Narayan Upadhye
         Advocate for Respondents No.1 to 5 : Bagal Suraj R.
                                   ...


                                          CORAM :        ANIL S. KILOR, J.

                                          DATE     :     8th APRIL, 2021
PER COURT :-

1. This application is filed by applicant-Insurance Company for

condonation of delay.

2. Heard learned counsel for respective parties.

3. Learned counsel for the applicant points out that to file the

appeal challenging legality and validity of Judgment and Award

dated 24-03-2017 passed by the learned Member, Motor Accident

Claims Tribunal, Parbhani in MACP No. 314 of 2012, the delay of 75

days is caused. He has stated that the reasons for causing delay

have been given in the application and delay is bonafide and not

intentional. He further submits that delay is not inordinate,

therefore, if delay is condoned, no prejudice would be caused to the

non applicants.

2 967-CA-13030-17.odt

4. Mr. Bagul, learned counsel for respondents No. 1 to 5-original

claimants though has not filed any reply opposing the application,

orally opposed the application.

5. In the above stated backdrop and in view of the reasons

stated in the application, which are satisfactory and justifiable for

condonation of delay and as the learned counsel for the non-

applicants-original claimants has no serious opposition, I am of the

opinion that, it would be appropriate to condone the delay

6. In that view of the matter, the civil application for

condonation of delay is allowed. The delay of 75 days caused to file

an appeal is hereby condoned.

7. The office is directed to register the first appeal and place the

same before the Court in admission category.

8. The civil application is allowed and disposed of accordingly.

( ANIL S. KILOR ) JUDGE

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