The Divisional Manager, The New India Assurance Co. Ltd. v. Smt. Narmadabai Keshavrao Khandagale And Others

9.3133.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3133/2014 IN FIRST APPEAL (ST) NO. 21338/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. J. B. Pandey for the Applicant Mr. Sangramsinh Yadav for the Respondent Nos.1 and 2.

CORAM : K. K. TATED, J.

DATE : JANUARY 4, 2016 P.C.:

1.

Heard. Office note shows that as per order dated 22/06/2015 passed by the learned Registrar (Judicial-II) the Civil Application stood dismissed against Respondent No.3 Manager (Project) M/s. Tata Motors Ltd.

2.

This Application is made by the Insurance Company for condonation of 290 days delay in preferring the First Appeal challenging the award dated 16/07/2013 passed by the MACT, Satara in MACP No.66/2011.

3.

The learned counsel for the Respondent Nos.1 and 2 vehemently opposed the Civil Application. He submits that the Applicant has not shown sufficient cause for condonation of delay. Hence, there is no substance in the Civil Application. Same be dismissed with costs.

Basavraj G Patil 1/2

9.3133.14-caf 4.

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. At the same time, the Applicant to pay cost of Rs.500/- to the Respondent Nos.1 and 2 within 4 weeks from today.

5.

Hence, the following order:

a) Delay in preferring the First Appeal is condoned.

b) The Applicant either to pay to the Respondent Nos.1 and 2 or their Advocate or deposit in the Registry of this court, a sum of Rs.500/- by way of cost within 4 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. c) Office is directed to make an appropriate noting in the cause title of the First Appeal i.e. the First Appeal stood dismissed against Respondent No.3 Manager (Project) Tata Motors Ltd.

d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2