sr.no..odt IN THE HIGH COURT OF JUDICATURE…
Delay condoned; application allowed; appeal admitted; notice issued to absent respondent via publication; matter listed for hearing.
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937 sr.no..odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
937 CIVIL APPLICATION NO. 2651 OF 2015
IN FAST/8476/2014
MANGESH SHRIKRUSHNA BIBEKAR VERSUS GANESH RAMCHANDRA DHOBALE AND ANOTHER
Advocate for Applicant : Mr. Pavankumar S. Agrawal Adv. for Respondents: Mr. A.B. Gatne
CORAM : K.K. SONAWANE, J.
DATE : 16th August, 2017.
PER COURT:
1] Heard the learned counsel for applicant/appellant and learned counsel for respondent No.2 Insurance Company.
2] Despite service of notice to respondent No.1 none appears on his behalf. There is a meager delay of 166 days in filing the appeal. According to learned counsel for the applicant, delay was not intentional and deliberate but caused due to unavoidable circumstances. The matter pertains to
3] In view of the reasons mentioned in the application, delay is hereby condoned. The application stands allowed in terms of prayer clause (B). Registry to take requisite steps for further process. On registration of appeal, Admit. Learned counsel for respondent No.2 Insurance Company waives service for said respondent. Notice of admission of appeal be issued to respondent No.1 through paper publication.
937 sr.no..odt
{2}
4] After procedural compliance, appeal be listed for final hearing
in due course.
[K.K. SONAWANE] JUDGE.
grt/-
2 issues framed by the court
Whether the delay in filing the appeal is condonable in the given circumstances?
How should the appeal be listed for hearing after compliance with procedural requirements?
Mangesh Shrikrushna Bibekar
Ganesh Ramchandra Dhoble
Insurance Company
K.K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
