Circuit Bench Aurangabad

StateCommission

MA/291/2022

RELIANCE GENERAL INSURANCE CO LTD - Complainant(s)

Versus

AYUB KHAN SHABIR KHAN PATHAN - Opp.Party(s)

M C MENE

29 Sep 2022

ORDER

Adv.M.C.Mene for appellant present. Adv.V.P.Chokat for respondent appeared suo-motu by filing appearance purshis. Respondents 2 & 3 are formal party. Hence application for condonation of delay are decided in absence of respondent 2 & 3.

Heard Adv.Mene for appellant and Adv.Chokat for respondent No.1. Adv.Mene for appellant  submitted that judgment of District Consumer Forum  is dated 1.6.2022 , copy of same is received by appellant on 7.6.2022. Appeal was supposed to be filed on or before 21/07/2022. However, it is filed on 01.08.2022. Therefore there is delay of 9 days which is not intentional , deliberate or inordinate. While explaining said delay he has submitted that matter was decided by common judgment against all the respondents who are original complainants. Appellant being corporate body requires to take approval from superior authority and that person being Non-Marathi the advocate for appellant required to submit translation of the document to them.  In that event, delay is caused which is not inordinate or deliberate.

On the other hand, learned advocate for respondent No.1 has submitted that delay is not properly explained and hence he has opposed the application.

Considering the fact that delay is procedural one and it is hardly of 9 days which is not inordinate.  Hence to give opportunity of hearing on merit, application for delay condonation application is allowed. Delay is condoned.