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Bombay High CourtCAF/3825/2018delay condonatedrejected

Reliance General Insurance Co. Ltd. v. Mr. Obaidulla Jalil Pathan And ANR.

2022-01-24Hon'Ble Shri Justice Anil S. Kilor2 pages

Megha 51_caf_3825_2018 in fast_16679_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3825 OF 2018 IN FIRST APPEAL (STAMP) NO.16679 OF 2018 Reliance General Insurance Co.

Ltd.

...Applicant/Appellant

Versus

Mr. Obaidulla Jalil Pathan and Anr.

...Respondents

....

Ms Shalini Shankar for the Applicant/Appellant. CORAM : ANIL S. KILOR, J.

DATED: 24th JANUARY, 2022.

P.C.:- 1.

Heard Ms Shalini Shankar, learned counsel for the Applicant. None for the Respondents though served.

2.

Learned counsel for the Applicant points out that there is a delay of 58 days in filing the appeal challenging the judgment and award dated 31/01/2018 passed by the learned Commissioner for Workmen' s Compensation and Judge, Thane, in Workman Compensation Claims by MEGHA S PARAB Date:

2022.01.28 16:05:44 +0530 MEGHA S PARAB Petition (WCA) No.532/C-149 of 2011, thereby allowing the claim and granting the compensation of Rs.10,75,000/-.

3.

It is submitted that after passing of impugned judgment and 1/2

Megha 51_caf_3825_2018 in fast_16679_2018.doc award, the procedure, which needs to be followed and complied with at the level of various departments of Insurance Company before filing appeal, took some time and therefore delay has been caused in filing the appeal. It is further submitted that the decreetal amount has already been deposited.

4.

After considering the reasons stated in the application and in view of the fact that there is no reply disputing the reasons stated in the application filed by Respondents, I am of the opinion that sufficient cause has been shown by the Applicant for condonation of delay. Accordingly, I pass the following order:-

ORDER

(i) The application for condonation of delay is allowed; (ii) The delay caused in filing First Appeal is condoned. The office is requested to register the First Appeal and place the same before the Court for admission.

(ANIL S. KILOR, J.) Digitally signed by MEGHA S PARAB Date:

2022.01.28 16:02:52 +0530 MEGHA S PARAB 2/2