National Insurance Company Ltd v. Jaigun Yasin Khan And ANR

6 caf 834-12=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 834 OF 2012 IN FIRST APPEAL (ST) NO. 4435 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rahul Mehta i/b Kmc Legal Venture for the applicant.

Mr. Sanket Telang i/b P.A. Gokhale for the respondent no.1.

CORAM : K. K. TATED, J.

DATED : 02/03/2016 P.C.:

.

Heard learned Counsel for the parties.

This Application is preferred by Insurance Company for condonation of 292 days delay in preferring the appeal challenging the award dated 28.01.2011 passed by M.A.C.T. Thane in M.A.C.P. No. 663 of 2005.

The learned counsel for the claimant vehemently opposed the present Civil Application. He submits that there is delay of more than six months on the part of applicant in applying the certified copies of judgment and award passed by the Tribunal. He submits that applicant has not shown sufficient cause for condonation of delay. Sneha Chavan 1/2

6 caf 834-12=.doc There is no substance in the civil application. Hence, civil application be dismissed with costs.

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, the following order:

a) Delay of 292 days in filing First Appeal challenging the judgment and award dated 28.01.2011 passed by M.A.C.T. Thane in M.A.C.P. No. 663 of 2005 is condoned.

b) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2