Maharashtra

StateCommission

MA/10/528

REGIONAL MANAGER, M/S BAJAJ ALLIANZ GEN INSURANCE CO LTD - Complainant(s)

Versus

SHRI KIRAN SHIVLAL KOTHARI - Opp.Party(s)

S R SINGH & CO

20 Sep 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/10/528
 
1. REGIONAL MANAGER, M/S BAJAJ ALLIANZ GEN INSURANCE CO LTD
G E PLAZA AIRPORT ROAD YERWADA PUNE 411006
PUNE
MAHARASHTRA
...........Appellant(s)
Versus
1. SHRI KIRAN SHIVLAL KOTHARI
R/AT KOTHARI INDUSTRIES CHANDRAMAULI INDUSTRIAL ESTATE MOHOL TALUKA MOHOL
SOLAPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr.Justice S.B.Mhase PRESIDENT
 Hon'ble Mr. S.R. Khanzode Judicial Member
 Hon'ble Mr. Narendra Kawde MEMBER
 
PRESENT:
Adv. S. R. Singh for the Applicant/Appellant
......for the Appellant
 
Adv. Shailesh Sakhare for the Non-Applicant/Respondent
......for the Respondent
ORDER

          Adv. S. R. Singh is present on behalf of the Applicant/ Appellant.  Adv. Shailesh Sakhare is present on behalf of the Non-Applicant/Respondent.  Heard both sides on the application for condonation of delay.  In filing the appeal, there is a delay of 70 days and hence this application for condonation of delay.  Delay is tried to be explained on administrative grounds.  However, it is not satisfactorily explained.  Learned Counsel for the Non-Applicant/ Respondent has opposed condonation of delay.  However, Adv. S. R. Singh for the Applicant/Appellant submitted that one opportunity may be given to the insurance company to argue the issues involved in the matter subject to payment of costs.  He showed willingness to pay costs of `5,000/-.  We asked Adv. Sakhare for the Non-Applicant/Respondent as to what he has to say about costs.  He submitted that the Applicant/Appellant be saddled with heavy costs, but the quantum if left to the State Commission.  In these circumstances, in order to give an opportunity to the Applicant/Appellant and to make substantial justice in the matter, we condone the delay subject to payment of costs of `5,000/- by the Applicant/Appellant to the Non-Applicant/Respondent.  Costs shall be paid within a period of 15 days as from today.  If, the costs are not paid within the stipulated period of 15 days then, the application for condonation of delay shall automatically stands rejected.  Consequently, the appeal shall also stands disposed of as time barred.  Adjourned to 13/10/2011.

 
 
[Hon'ble Mr.Justice S.B.Mhase]
PRESIDENT
 
[Hon'ble Mr. S.R. Khanzode]
Judicial Member
 
[Hon'ble Mr. Narendra Kawde]
MEMBER

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