United India Insurance Company Limited v. Smt Kalwankaur B. Daliwal....

28 caf 4016-12=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 4016 OF 2012 IN FIRST APPEAL (ST.) NO. 28994 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Varsha Chavan for the applicant.

Mr. T. J. Mendon for the respondent.

CORAM : K. K. TATED, J.

DATED : 13/02/2015.

P.C.:

.

Not on board. At the request of Advocate for the applicant, matter is taken on board.

Heard learned Counsel for the parties.

The learned Counsel for the applicant submits that pursuant to the order passed by this Court on 09.01.2015 in Civil Application 3144 of 2014, they served respondent no.3 by substitute service. The learned Counsel for the applicant tendered copy of the newspaper alongwith preceipe dated 09.02.2015. Same is taken on record.

This Civil Application is preferred by insurance company for condonation of 88 days delay in filing First Appeal challenging the Judgment and Award dated 10.05.2012 passed by the Commissioner for Sneha Chavan 1/2

28 caf 4016-12=.doc Workmen's Compensation in Application (WCA) No. 559/B-127 of 2003.

Considering the submissions made by learned counsel for the applicant and averments made in civil application, I am satisfied that applicant has made out the case for allowing the civil application. Hence, civil application is allowed in terms of prayer clause (a), which reads thus:

"a) The delay of 88 days caused in filing the appeal be kindly condoned."

Civil Application is disposed of accordingly. (K.K.TATED, J.) Sneha Chavan 2/2