CIVIL REV. APPLCATION NO.10662 OF 200 v. The Life Insurance

Shri V.P.Sawant for the petitioner Shri V.Y.Sanglikar for responsdent. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 22ND JUNE, 2007 DATED; 22ND JUNE, 2007 DATED; 22ND JUNE, 2007 P.C.; P.C.; P.C.;

By the present Civil Applciation, the applicant is seeking condonation of delay of 282 days in filing the C.R.A. The impugned order is passed on 27-4-2006. It is the case of the applicant that the applicant obtained Certified copy on 7-6-2006 having applied for the same on 18-5-2006. The applicant submits that they had engaged a lawyer and handed over all the documents but for a long time the petition was not finalised. It is then submitted that the applicants have paid the advocate’s fee as well and only in the month of December 2006 the applicant decided to withdraw the matter from the said advocate. The advocate then returned the matter and part of the fees. The communication from the advocate dated 16-12-2006 is also enclosed. The decree passed against the applicant is for eviction. The learned counsel for the applicant submits that if the delay is not condoned, the applicant would suffer irreparable loss.

Taking a pragmatic view of the matter I proceed to condone the delay subject to payment of costs of Rs.10,000/- within a period of two weeks from today. C.A. accordingly dispossed of. ...