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Bombay High CourtCAF/3957/2014

The New India Assurance Co. Ltd. v. Mrs. Meera Ulhas Deshmukh And ORS.

2019-08-06Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 36_caf_3956_2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3956 OF 2014 WITH CIVIL APPLICATION NO.3957 OF 2014 IN FIRST APPEAL (STAMP) NO.22966 OF 2014 WITH FIRST APPEAL (STAMP) NO.22966 OF 2014 The New India Assurance Co. Ltd.

...Applicant/Appellant

Versus

Smt. Meera Ulhas Deshmukh and Ors.

...Respondents

.....

Mr. D.R. Mahadik for the Appellant.

None for the Respondents.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 6th AUGUST, 2019.

P.C.:- ORDER IN CIVIL APPLICATION NO.3956 OF 2014:- By this application, the Applicant has sought to condone the delay of 274 days in filing the appeal against the judgment and order dated 27th June, 2013 passed by the learned Member, M.A.C.T., Pune, in M.A.C.P. No.998 of 2007.

2.

The Respondents have not contested the application despite due service. In the light of the reasons stated in paragraph 2 of the Megha 1/2

Megha 36_caf_3956_2014.doc application, which in my considered view constitute sufficient grounds, the application is allowed. Delay of 274 days is condoned. Appeal be registered and be listed for admission.

ORDER IN FIRST APPEAL (STAMP) NO.22966 OF 2014 :- 3.

Issue notice before admission to the Respondents, returnable on 3/9/2019.

ORDER IN CIVIL APPLICATION NO.3957 OF 2014 :- 4.

The learned counsel for the Applicant-Insurance Company states that the amount of compensation has already been deposited in compliance of the impugned judgment and award. Statement is accepted.

5.

In the light of the said statement, implementation and execution of the impugned judgment and award passed by the learned Member, M.A.C.T., Pune, in M.A.C.P. No.998 of 2007 is stayed till the final disposal of the appeal.

6.

The civil application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by Megha Parab Date:

2019.08.08 16:58:57 +0530 Megha Parab Megha 2/2