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2026 DAILYLAW 10004 (BOM)

JAYASHREE RAJESH DRAKSHE AND ORS. v. HDFC ERGO GENERAL INSURANCE CO. LTD. PUNE AND ORS.

IA/14002/2024 · 2026-09-21

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Judgment text

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49-IA-14002-2024 (c).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14002 OF 2024 IN FIRST APPEAL (ST) NO. 22070 OF 2024 Jayashree Rajesh Drakshe And Ors. ...Applicants Versus HDFC Ergo General Insurance Co. Ltd. Pune And Ors. ...Respondents …... Adv. Abhang Suryawanshi i/b Adv. Nagesh Y Chavan, Advocate for the Applicants. Adv. Aditya Ghadge h/f Adv. Sachin Phatak, for the Respondent No.1- Insurance Company. ….. CORAM : SHAILESH P. BRAHME, J. DATE : 21st SEPTEMBER, 2026. P.C. : INTERIM APPLICATION NO. 14002 OF 2024 Heard. 2. By this application, the applicants seek to condone the delay of 353 days caused in preferring the appeal for enhancement. 3. The delay is sought to be condoned for the reasons stated in paragraph Nos.6 and 7 of the application. It is submitted by the learned counsel appearing for the applicants, on instructions from his clients, the interest for the delayed period can be forfeited. 4. The learned counsel appearing for the respondent – Insurance ZIP 1 of 2 49-IA-14002-2024 (c).doc Company, Mr. Ghadge, would contest the application. It is submitted that the delay is inordinate and that the application lacks proper justification. 5. The averments in the application have not been controverted by the respondents. There is no reason to infer any oblique motive on the part of the applicants in preferring the appeal belatedly. The applicants are ready to give up interest for the delayed period. It is desirable to condone the said delay. 6. The application is allowed partly and the delay stands condoned, subject to forfeiture of the interest for the delayed period. Accordingly, the application is disposed of. FIRST APPEAL (ST) NO. 22070 OF 2024 7. Issue notice to the respondents for final disposal, returnable on 02.11.2026. 8. Mr. Ghadge, learned counsel, waives service of notice for respondent No.1 – Insurance Company. 9. Call for record and proceedings. 10. Print is dispensed with. 11. Parties shall be at liberty to file paper book or compilation of relevant documents. [ SHAILESH P. BRAHME, J.] ZIP 2 of 2