Shriram Gen. Insu. Co. Ltd., Thr. ... vs Smt. Rekha Wd/O Suresh Ghode And ...
2021 Latest Caselaw 15104 Bom

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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  NAGPUR BENCH, NAGPUR

                CAF NO.472/2021 IN FA ST.NO.2304/2020
Shriram General Insurance Co.Ltd., thr.Branch Manager, Rajasthan, Having
 its Branch Office at Shraddha House, Shree Mohini Complex, through its
                           Legal Officer, Nagpur
                                   ..vs..
                  Smt.Rekha wd/o Suresh Ghode and ors

...................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions                                                        Court's or Judge's Order
and Registrar's orders
...................................................................................................................................................................
                                 Shri H.N.Verma, Counsel for the Applicant.
                                 Shri S.W.Sambre, Counsel for Non-applicants.

                                                           CORAM                    : V.M.DESHPANDE, J.
                                                           DATED                    : OCTOBER 20, 2021


                               1.                          Heard.
                               2.                          This is an application under Section 5 of the
                               Limitation Act for condonation of delay in filing a first
                               appeal. Delay is of 10 days.
                               3.                          Learned counsel Shri H.N.Verma, appears for
                               the applicant.
                               4.                          On 26.2.2021, Notices on this application were
                               issued. In pursuance to said Notices, learned counsel Shri
                               S.W.Sambre appeared for non-applicants. Though reply is
                               not filed, he vehemently opposes the application.
                               5.                          After having heard learned counsel for parties
                               and after having gone through contents of this application, I
                               am satisfied that the applicant has made out a case for


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        condonation of delay. Hence, I pass following order:
                                         ORDER

(1) The civil application is allowed. (2) Delay of 10 days in preferring the first appeal to challenge judgment and order dated 29.8.2019 passed by learned Member, Motor Accident Claims Tribunal, Buldana in MACP No.186/2010 stands condoned subject to payment of costs of Rs.2000/- to be paid to non-applicants within a period of one week from today.

(3) Learned counsel Shri S.W.Sambre for non-applicants is permitted to accept the said amount for and on behalf of non-applicants and he shall pass a valid receipt on their behalf.

The civil application stands disposed of accordingly.

JUDGE !! BRW !!

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