Hdfc Ergo General Insurance Co. ... vs Smt. Ashwini Abhay Sawant And Ors
2021 Latest Caselaw 17860 Bom

R.V.Patil                                                             16.CFA.1215.2019.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                       CIVIL APPLICATION NO. 1215 OF 2019
                                       IN
                     FIRST APPEAL (STAMP) NO. 8572 OF 2019


HDFC Ergo General Insurance Company Ltd.                           ...Applicant
            Versus
Ashwini Abhay Sawant & Ors.                                        ...Respondents
                                            ......
Mr. Viraj Hake i/b Mr. Abhijit Kulkarni for the Applicant.
Mr. Rushabh Vidyarthi i/b Adv. Saumen Vidyarthi for the Respondents.
                                      .....

                                         CORAM : MADHAV J. JAMDAR, J.

                                         DATE     : 22nd DECEMBER, 2021

P.C. :


.           Heard Mr. Viraj Hake learned counsel for the Applicant and Mr.

Rushabh Vidyarthi for Respondent Nos. 1 to 5.

2. This civil application is for condonation of delay of 88 days in filing the

first appeal. The delay is explained in Paragraph No. 3 of the present civil

application.

3. Mr. Viraj Hake, learned counsel for the Applicant submits that reasons

given for delay are sufficient, whereas Mr. Rushabh Vidyarthi submits that

the reasons given are not sufficient.

R.V.Patil 16.CFA.1215.2019.odt

4. The impugned judgment and award is dated 9th April, 2018 and the

certified copy was applied on 5th May, 2018 and the same was received on

23rd October, 2018. Thereafter, opinion was sought from learned counsel,

who appeared in the tribunal and after the favourable opinion, the file was

sent to corporate office for further approval and after clearance from the

corporate office, papers were sent to the advocates at Mumbai on 8 th

February, 2019. Thereafter immediately steps were taken for filing the

appeal and the same was filed on 19th March, 2019. The sufficient reasons

are set out in the civil application and therefore the civil application is allowed

in terms of prayer Clause (b).

5. Civil application stands disposed of accordingly.

(MADHAV J. JAMDAR, J.)