The New India Assurance Co. Ltd. v. Jagannath Yadav And ANR

5 caf4956-09.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4956 OF 2009 IN FIRST APPEAL (ST.) NO.30743 OF 2009 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.D.R.Mahadik for the applicant CORAM : K. K. TATED, J DATE : APRIL 15, 2019 P.C.:

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Heard.

Though Respondents are duly served, no one appeared on behalf of them when the matter was called out.

By this Civil Application, Applicant is seeking condonation of 198 days delay in filing First Appeal challenging the judgment and award dated 1.4.2009 passed by Commissioner for Workmen's Compensation & Judge, 5tyh Labour Court, Mumbai in Application (WCA) No.672/B-140/2005.

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5 caf4956-09.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a.

Delay in filing First Appeal is condoned.

b.

Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2