Ifco Tokyo General Insurance Co. ... vs Smt. Savita Suresh Kamathe And Ors
2021 Latest Caselaw 15172 Bom

                                                                       8 CAF.602.2019.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPLICATION NO. 602 OF 2019
                                       IN
                     FIRST APPEAL (STAMP) NO. 24400 OF 2018

IFCO TOKYO General Insurance Co.Ltd.                         Applicant

          Versus

Savita Suresh Kamathe & Ors.                                 Respondents

                                    .......
Mr. Rahul Sanklecha i/b Abhijit P. Kulkarni for the Applicant.
Mr. Sujay H. Gangal for Respondent Nos. 1 to 7.
                                           .......
                                       CORAM : SURENDRA P. TAVADE, J.
                                       DATE      : 21st OCTOBER, 2021

P.C.:

              CIVIL APPLICATION NO. 602 OF 2019:

.             This is an application for condonation of delay in fling the preferred
appeal against the impugned judgment and award passed by the
Maharashtra Accident Claim Tribunal, Baramati. It is contended that after
receipt of certifed copy of the impugned judgment and award, the papers
were sent to the head ofce for approval and it took some time for taking
decision, hence, delay was caused. Thereafter, the papers were given to
the Counsel and some time required to him for preparation of the present
appeal. It appears that due to administrative action the delay has caused.

2.            Learned Counsel for the Respondents submits that there is no



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                                                                       8 CAF.602.2019.doc

sufcient cause for delay hence application requires to be dismissed. Heard
learned Counsel for the Applicant and Respondents. It appears that the
delay is caused for administrative action, as the papers were sent to head
ofce for approval, thereafter Counsel has taken some time for preparation
of the appeal. Such explanation was given by the Applicant in the
application. Considering the above facts, application for condonation of
delay appears to be just and sufcient. Hence the following order:

                                         ORDER

i) The delay in fling the appeal against the impugned judgment and award passed by Motor Accident Claim Tribunal, Baramati, in M.A.C.P No. 116 of 2015 is condoned. Civil Application No. 602 of 2019 stands disposed of.

ii) Registry is directed to take appropriate steps and register the First Appeal and list it for hearing after four weeks.

iii) Stand over to 2nd December, 2021.

                                                   [SURENDRA P. TAVADE, J.]




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