National Insurance Co. Ltd. v. Mr. Jogilal Monhar Bind And ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2962 OF 2016 IN FIRST APPEAL (STAMP) NO.13290 OF 2016 National Insurance Co. Ltd., Mumbai.

.... Applicant V/s.

Jogilal Monhar Bind & Ors.

.... Respondents Mr. S.S. Dwivedi, i/by Ms. Harshada M. Rane, for the Applicant-Appellant. Ms. Varsha Chavan for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 25 TH AUGUST 2016.

P.C. :

1.

Heard learned counsel for the parties.

2.

This is an application for condonation of delay of 165 days in preferring the First Appeal, challenging the impugned Judgment and Award, as passed by the Commissioner for Employees' Compensation & Judge, 4th Labour Court, Mumbai on 28th August 2015. Although the notice of this Civil Application is yet not served on the respondents, learned counsel for the respondents-original claimants Ms. Varsha Chavan is present before the Court and she has already filed application for withdrawal of the amount deposited by the applicant-Insurance Company in the Tribunal.

1/2 CAF-2962-16==.doc

3.

In view thereof, for the reasons stated in paragraph No.3 of the Civil Application, sufficient cause being made out for condonation of delay, the same is allowed in terms of prayer clause (a). 4.

Office is directed to number the First Appeal and place it for admission in due course.

5.

Civil Application stands disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-2962-16==.doc