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2019 DAILYLAW 3782 (BOM)

RAJENDRA SHAMSUNDER JAISWAL (DIED) THR. LRS. ANITA WD/O RAJENDRA JAISWAL AND OTHERS v. SMT. SAPNA VINOD JADHAV AND ANOTHER

CAF/3525/2026 · 2026-09-11

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Judgment text

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1 911fa1067.2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR . CIVIL APPLICATION (CAF) NOS. 3525 AND 3526 OF 2026 IN CIVIL APPLICATION (CAF) NO. ______ OF 2026 IN FIRST APPEAL NO. 1067 OF 2019 RAJENDRA SHAMSUNDER JAISWAL VS Smt. Sapna Vinod Jadhav and another. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. B.P. Bhatt, counsel for applicants/appellants Mr. V.R. Thote, counsel for respondent No.1. Ms. Anita Mategaonkar, counsel for respondent No.2. CORAM : Y. G. KHOBRAGADE, J. DATED : 11-09-2026 1. Heard. 2. By both these applications, the applicants/legal heirs of deceased appellant seek condonation of delay in filing application for bringing legal heirs of deceased appellant on record, being Civil Application (CAF) No. 3526 of 2026. 3. Learned counsel appearing for the respective respondents have raised no objection for allowing the applications. 4. For the reasons stated in the application, the delay of 153 days in filing the application for bringing the legal heirs of deceased/appellant on record is hereby condoned. The abetment, if any, is hereby quashed and set aside. The legal heirs of deceased/appellant be brought on 2 911fa1067.2019.odt record. The applicant shall carry out the necessary amendment within a period of two weeks from today. 5. Accordingly, both the Civil Applications are disposed of. CIVIL APPLICATION NO. 800 OF 2026 IN X-OBJECTION STAMP NO. 17309 OF 2021 IN FA NO. 1067 OF 2019 1. By the present application, the respondent No.1 / Cross-Objector/claimant seeks condonation of delay of 315 days in filing the cross-objection to the judgment and award dated 20/07/2015 passed by the Member, Motor Accidents Claim Tribunal, Pusad, in MACP No. 64 of 2010 2. Learned counsel appearing for the appellant/owner of the vehicle as well as learned counsel appearing for the insurance company have strongly opposed the condonation of delay. However, it appears that applicant / cross-objector/claimant has given sufficient and bonafide reasons explaining the delay. However, in order to ensure fairness to both sides, the insurance company shall not be suffer therefore, Cross-objector/original claimant shall not be entitled for the interest compounding for the delayed period. In view of that, I am inclined to allow the present application. ORDER a] The Civil Application is allowed. b] The delay of 315 days in filing the cross- objection is hereby condoned, subject to the condition that the original claimant/cross-objector shall not be 3 911fa1067.2019.odt entitled to interest on the awarded amount for the delayed period. c] The office shall register the cross-objection and place with First Appeal No. 1067 of 2019 on 01/10/2026. (Y.G. KHOBRAGADE, J.) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 15/09/2026 18:22:59