Bharti Axa General Insurance Company ... vs Sajida Begam Wd/O Mehmood Khan And ... on 7 May, 2021

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Bombay High Court

Bharti Axa General Insurance Company ... vs Sajida Begam Wd/O Mehmood Khan And ... on 7 May, 2021

Bench: S. M. Modak

24.FAST.5905.2021.                                                                                             1/2


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH, NAGPUR

                                Civil Application (CAF) No.988/2021
                                                  IN
                                 First Appeal Stamp No.5905/2021
      Bharti Axa General Insurance Co. Ltd. Vs. Sajida Begam wd/o Mehmood Khan & Anr.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri R.D. Bhuibhar, Advocate for the Applicant/Appellant.

                 CORAM : S.M. MODAK, J.

DATE : 7th MAY, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard learned Advocate Shri Bhuibhar for the appellant.

According to appellant, there is no delay on the basis of the order passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No.3/2020. However, the office has calculated the delay of 33 days.

The impugned judgment is pronounced on 4 th December, 2020. Whereas, the present appeal is filed on 19th April, 2021. Read the order dated 8th March 2021 passed in that petition. The period from 15th March, 2020 up to 14th March, 2021 is excluded while computing the period of limitation. The said direction is applicable to this appeal.

In view of that, the delay is condoned. The office objection is removed. There is no need to issue notice to respondents.

The civil application is disposed of.

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Civil Application (CAF) No.989/2021 Stay is granted to the execution of the impugned judgment and decree, subject to deposit 75% of the decretal amount within a period of eight weeks.

The civil application is disposed of.

The respondent No.1/original claimant is liberty to ask for withdrawal.

First Appeal Stamp No.5905/2021 Heard.

Admit.

Issue notice to the respondents.

Call for record and proceedings.

JUDGE vijay ::: Uploaded on - 07/05/2021 ::: Downloaded on - 10/09/2021 17:54:40 :::

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