The Oriental Insurance Co. Ltd. Through Divisional Manager v. Kamal Genu Gaidhani And ORS.

1798.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1798 OF 2014 IN FIRST APPEAL (ST) No. 1159 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ketan Joshi i/b. D. S. Joshi for the Applicant Mr. Y. M. Pendse for Respondent Nos.1 to 5.

CORAM : K. K. TATED, J.

DATE : MARCH 25, 2015 P.C.:

1.

Heard. This Application is preferred by the Insurance Co. for condonation of 84 days delay in filing the First Appeal challenging the judgment and award dated 24/07/2013 passed by the Commissioner for Workmen's Compensation and Judge, Labour Court, Nasik in Application (WCA) No.F-54/2008 holding that the RespondentClaimant is entitled to Rs.3,38,880/- with 12% p.a. interest by way of compensation along with 50% penalty from original Respondent No.1.

2.

The Respondent No.1 claimant vehemently opposed the Civil Application. He submits that the Applicant has not shown sufficient cause for Basavraj G Patil 1/2

1798.14-caf condonation of delay. Hence, Civil Application be dismissed.

3.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

i) Civil Application is allowed in terms of prayer clause (a) which reads thus:

(a) The delay of 84 days in filing the appeal may kindly be condoned.

ii) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2