Mr. Suresh Vishnupant Jadhav And ... vs The Manager, United India ...
2021 Latest Caselaw 17092 Bom

                                              11-CAF3548-2019INFAST22589-2019-DELAY.DOC

                                                                                  Santosh
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION


                                    CIVIL APPLICATION NO. 3548 OF 2019
                                                    IN
                                    FIRST APPEAL (ST) NO. 22589 OF 2019

                      Suresh Jadhav & anr.                                ...Applicants/
                                                                              Appellants
                                          Versus
                      The Manager, United Indina Insurance Co.
                      Ltd. & anr.                                        ...Respondents
SANTOSH
SUBHASH               Mr. Abhijit Adagule, for the Applicants/Appellants.
KULKARNI

                                                  CORAM:     N. J. JAMADAR, J.

Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2021.12.08 19:13:49 +0530 DATED : 8th DECEMBER, 2021 PC:-

1. Heard the learned Counsel for the applicants.

2. The applicants have filed affidavit-of-service.

3. Respondent nos.1 and 2 have been served with the notice

of application for delay condonation. None appears for

respondent nos.1 and 2.

4. The learned Counsel for the applicants invited the

attention of the Court to the order passed by this Court on 9 th

January, 2020 in CA No.1551 of 2019 in First Appeal No.3594 of

2018, whereby the delay in preferring the appeal against the

judgment and award in a companion petition filed by pillion

rider, has been condoned.

11-CAF3548-2019INFAST22589-2019-DELAY.DOC

5. In the instant application, the applicants have assigned

reasons in paragraph 8 of the application. To my mind, the

applicants have made out a sufficient cause for condonation of

delay. In any event, there is no intentional delay or lack of bona

fide. Thus, to advance the cause of substantive justice, the

application stands allowed.

6. The delay in preferring appeal stands condoned.

7. The appeal be registered.

8. The application stands disposed of.

[N. J. JAMADAR, J.]