The Oriental Insurance Co. Ltd. ... vs Mrs. Divya Girish Kapadia And Ors
2022 Latest Caselaw 3601 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                   FIRST APPEAL ST NO.13612 of 2018
                               WITH
                 CIVIL APPLICATION NO. 1785 OF 2018
                               WITH
                  CIVIL APPLICATION NO. 63 OF 2022
                               WITH
                 CIVIL APPLICATION NO.2113 OF 2019
                                 IN
                  FIRST APPEAL ST NO.13612 OF 2018


 The Oriental Insurance Co.Ltd thru         .. Appellant
 Motor Third Party Claim HUB
                          Versus
 Mrs.Divya Girish Kapadia & ors             .. Respondents
                             ...

Mr. Devendranath Joshi for the appellant.
Mr.N.C. Sheth for respondent nos.1, 3 and 4.

                            CORAM: BHARATI DANGRE, J.

DATED : 4th APRIL, 2022 P.C:-

CIVIL APPLICATION NO. 1785/2018

1 The applicant/appellant Insurance Company seek condonation of 223 days delay in instituting the Appeal.

Heard the learned counsel for the applicant and learned counsel for the respondent.

Tilak





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On perusal of the application, the delay is explained in paragraph no.4 and 5 which, is stated to be unintentional and not deliberate.

2 On reading paragraph nos.4 and 5 of the application, I am convinced with the argument of the learned counsel for the applicant, since the delay is explained by setting out the procedure which was required to be followed by the Insurance Company in instituting the Appeal.

As a consequence, Civil Application No. 1785/2018 is allowed.

Registry is directed to list the Appeal.

3 Learned counsel for the Appeal state that the Appeal is limited to the amount of computation of the compensation by the impugned judgment.

4 Parties are at consensus that the Appeal deserve to be heard finally.

Subject to the filing of the private paper book/compilation of documents, list the Appeal on 27/4/2022 at 2.30 p.m.

( SMT. BHARATI DANGRE, J.)

Tilak