The New India Assurance Co Ltd v. Mr Rajesh Padam Singh Thapa And ANR

ASN 1/2 CA-2439-13(24)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2439 OF 2013 IN FIRST APPEAL ST. NO. 16705 OF 2013 The New India Assurance Co.Ltd.

..Applicant.

vs.

Rajesh Padam Singh Thapa and anr.

..Respondents.

Mr.S.M.Dange for the Applicant.

CORAM : K.K.TATED, J.

DATE :

23/1/2015 PC:

Heard learned Counsel for the appellant. The respondents are duly served. This application is preferred by New India Assurance Co. for condonation of 92 days delay in filing the first appeal challenging the Judgment and Order dated in Applicatin (WCA) No.915/C-333 of 2006.

2) Considering the submissions made by the learned Counsel for the applicant and the averments made in the civil application I satisfied that the sufficient case is made out for allowing the civil application.

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

(a) delay of 92 days in filing the above first appeal be condoned; (b) the Appeal be registered in High Court Registry and heard on merits.

ASN 2/2 CA-2439-13(24) 4) Civil Application is disposed of accordingly. .............................

CIVIL APPLICATION NO.2440 OF 2013 IN FIRST APPEAL ST. NO.16705 OF 2013 Heard learned Counsel for the applicant.

2) Interim protection granted by this Court on 18/7/2013 to continue till admission of the first appeal.

(K.K. TATED, J.)