Bajaj Allianz General Insurance Co. Ltd v. Mr. Kayub Aziz Khan And ANR

18 caf3797-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3797 OF 2013 IN FIRST APPEAL (ST) NO.1145 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms.Yogita Deshmukh i/b Mr.M.M.Sathaye for the applicant Mr.Rahul Mehta i/b M/s.KMC Legal Venture for the respondent no.1

CORAM

: K.K.TATED, J.

DATED : 27/03/2015 PC:

Heard the learned counsel for the parties.

Though respondent no.2 is duly served no one appeared on behalf of him when the matter was called out.

This application is preferred by Insurance Company for condonation of 99 days delay in filing First Appeal challenging the judgment and award dated 10.07.2012 passed by Commissioner for Workmen's Compensation and Judge, 11th Labour Court, Mumbai in Application (WCA) No.691/C184-2011. The learned counsel for the respondent no.1 Mohite 1/2

18 caf3797-13.doc vehemently opposed the present Civil Application. He submits that applicant has not shown sufficient cause for condonation of delay.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

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

"(a) That the delay of 99 days in filing the present First Appeal be kindly condoned and the accompanying First Appeal be registered and heard for admission."

b) Civil application stands disposed of accordingly. (K.K.TATED, J.) Mohite 2/2