The New India Assurance Co. Ltd., Thr Its ... vs Yasmin Yunus Pathan And Ors
2024 Latest Caselaw 2510 Bom

Bombay High Court

The New India Assurance Co. Ltd., Thr Its ... vs Yasmin Yunus Pathan And Ors on 25 January, 2024

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     CIVIL APPLICATION NO. 1292 OF 2023
                            IN X-APLST/22631/2022
                      WITH FIRST APPEAL NO. 1825 OF 2019


                    WITH CIVIL APPLICATION NO. 7023 OF 2019
                                IN FA/1825/2019

                  YASMIN YUNUS PATHAN AND ORS
                             VERSUS
      THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED
               SIGNATORY, AURANGABAD AND OTHERS

Ms. Pallavi P. Wangikar, Advocate h/f Mr. R. V. Gore, Advocate for the
applicants
Mr. M. M. Ambhore, Advocate for respondent No.1.


                                    CORAM       : R. M. JOSHI, J.

                                    DATE        : 25th JANUARY, 2024

P.C. :-

1. This application filed for condonation of delay of 1235 days in filing

cross appeal against the judgment and award dated 21/12/2018 passed

in MACP No. 489/2015.

2. The applicants are original respondents in First Appeal No.

1825/2019 and they were expected to file cross appeal within one month

of receipt of the summons of this Court.

3. Learned counsel for the applicants submits that initially owing to

919.ca1292.23.odt 1 of 2 the financial difficulties no cross appeal could be filed and only after

receipt of amounts being permitted to be withdrawn by this Court the

funds could be arranged. It is also claimed that owing to the Covid-19

Pandemic situation no further steps could be taken thereafter.

4. Considering the fact that the cross appeal is filed for enhancement

of the compensation and keeping in mind the obligation on the part of

the Court to grant just compensation and since no malafides can be

attributed the applicants in not preferring cross appeal in time the

application deserves to be allowed. Hence application is allowed in terms

of prayer clause 'B'. The applicants if succeed in the cross appeal would

not be entitled for any interest the period of 1 to 3-5 days.

(R. M. JOSHI, J.)

ssp

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