United India Insurance Co. Ltd. v. Mr. Mahadev Sarju Pardeshi And ORS.

10 caf 3470-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 3470 OF 2015 IN FIRST APPEAL (ST) NO. 34762 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Amol Gatne for the applicant.

None for the respondents.

CORAM : K. K. TATED, J.

DATED : 02/03/2016 P.C.:

.

Heard learned Counsel for the applicant.

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

This Application is made by Insurance Company for condonation of 287 days delay in preferring the appeal challenging the award dated 11.11.2013 passed by M.A.C.T. Thane in M.A.C.P. No. 323 of 2005 holding that Respondents­claimants are entitled to sum of Rs.5,22,000/­ with interest @ 7% p.a. by way of compensation.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Sneha Chavan 1/2

10 caf 3470-15=.doc Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (b) which reads thus :

"b) Your Lordship be pleased to condone the delay caused in filing the First Appeal, in this Hon'ble Court, against the impugned Judgment and order/Award dt. 11.11.2013, passed by the Member, M.A.C.T. Thane, Dist. Thane in M.A.C.P.No. 323 of 2005 and be pleased to order to number the said First Appeal, hear and decide the same on it's merit as per law."

b) In respect of the remaining prayers, liberty granted to the applicant to take out appropriate proceeding, if they so desire.

c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2