Single Judge condoned 266-day delay, registered appeal, noted service waiver, and made interim stay absolute after respondent deposited full amount. Matter listed for later consideration.
Delay of 266 days is condoned; appeal registered; interim stay made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO.3559/2018 IN FAST/5968/2018 WITH
CA/3560/2018 IN FAST/5968/2018
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., AND ANR.
VERSUS
SURYAKANT SHANKARRAO SAKHARE AND ANR
...
Mr. AS Deshpande, Adv. For applicants;
Mr. RS Shinde, Adv. For Resp.Nos. 1 & 2;
Mrs. Ranjana Reddy, Adv. For Resp.No.3
---
CORAM : P.R. BORA, J.
DATED : 29th OCTOBER, 2018.
PER COURT:-
1.Heard learned counsel for applicants and
learned counsel for respondents.
2.For the reasons stated in the
application, which according to me are just and
sufficient, delay of 266 days caused in filing the
appeal is condoned. The CA for condonation of delay
is disposed of. The appeal be registered in
accordance with law
3.On registration of the appeal, issue
notice to the respondents. Learned counsel for
respective respondents waive notice for the said
respondents. Service complete.
4.In view of the fact that the insurance
company has deposited the entire amount, the
interim stay granted earlier is made absolute. CA
(2)
for stay is disposed of.
5.List the matter for further consideration
after four weeks.
(P.R. BORA)
JUDGE
bdv
2 issues framed by the court
Whether condonation of delay of 266 days in filing appeal is justified.
Whether interim stay should be made absolute upon deposit of entire amount.
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.
SURYAKANT SHANKARRAO SAKHARE
P.R. BORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court