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2025 DAILYLAW 18327 (BOM)

UNITED INDIA INSURANCE CO LTD THROUGH BRANCH MANAGER v. VISHRANTA PANDURANG THORVE AND OTHERS

CA/5535/2025 · 2025-09-15

Shri Ajit B Kadethankar

body2025

Judgment text

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( 1 ) 74 CA 5535 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 74 CIVIL APPLICATION NO. 5535 OF 2025 IN FAST/15559/2025 WITH CIVIL APPLICATION NO. 5536 OF 2025 IN FAST/15559/2025 WITH CIVIL APPLICATION NO. 8027 OF 2025 IN FAST/15559/2025 UNITED INDIA INSURANCE CO LTD THROUGH BRANCH MANAGER VERSUS VISHRANTA PANDURANG THORVE AND OTHERS ... Mr. M. R. Deshmukh Mohit Rameshrao, Advocate for Applicant … CORAM : AJIT B. KADETHANKAR, J. DATE : 15th SEPTEMBER 2025 PER COURT :- CIVIL APPLICATION NO. 5535 OF 2025 (Withdrawal) 1. This is an application seeking condonation of delay in fililng the appeal against the judgment and award dated 31.08.2024, passed by Hon’ble Member, Motor Accident Claims Tribunal, Aurangabad, in MACP No.282/2021. Mr. M. R. Deshmukh, learned counsel for the applicant submits that the in filing the appeal is only 41 days. He further submits that the delay is not on account of any lethargy, negligence or deliberate attempt to protract the proceedings. He further submits that the delay is caused due to administrative exigencies, in obtaining various approvals and procuring funds (i.e. the court fees) necessary for filing the appeal. 2. Notice was issued in this matter and the record shows that 2025:BHC-AUG:24633 ( 2 ) 74 CA 5535 OF 2025 respondent nos.1 and 2 are served. Mr. Deshmukh also submits that in Civil Application No.5536 of 2025, an order was passed thereby directing the applicant/appellant to deposit entire payable award amount in this Court. He submits that such amount is deposited in this Court and as such, the interest of the respondents/claimants is well protected. 2. In view of this, I pass the following order :- ORDER a. Civil Application is allowed. b. Delay of 41 days in filing the First Appeal stands condoned. c. Registry to register the First Appeal on condition that the applicant shall remove all office objections within two weeks from today. 3. On registration, issue notice to the respondents. 4. The matter be listed after service of notice is complete. In the meantime, applicant shall take recourse to the provisions enumerated in Chapter II of the Bombay High Court Appellate Side Rules, corresponding to the stage and requirement of matter. 5. Stand over to 18.09.2025. [AJIT B. KADETHANKAR, J.] PRW