The New India Insurance Company Limited v. Mr. Ashish Prabhakar Patil And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2400 OF 2017 IN FIRST APPEAL (ST) NO. 35893 OF 2016 The New India Assurance Company Limited ...Applicant Vs.

Mr. Ashish Prabhakar Patil & Anr.

...Respondents

.....

Mr. S. M. Dange, for the Applicant.

Mr. Yogendra M. Pendse, for the Respondents.

.....

Digitally signed by MAMTA AMAR KALE Date:

2022.06.23 13:39:30 +0530 MAMTA AMAR KALE CORAM : SHRIKANT D. KULKARNI, J.

DATE : 21 JUNE, 2022 P.C.

.

It is an application for condonation of delay moved by the Applicant - Insurance Company.

2.

Heard Mr. S. M. Dange, learned counsel for the Applicant / Insurance Company and Mr. Yogendra Pendse, learned counsel for the Respondent No.1 - original claimant. Respondent No.2 seems to be a formal party.

Mamta Kale

2/2 5-caf-2400-2017 in fast-35893-2016.doc 3.

There is a delay of 69 days in preferring an appeal. Mr. Pendse, learned counsel for Respondent No.1 has strongly opposed to condone the delay. By looking to the nature of dispute, it is necessary to condone the delay of small volume of 69 days.

ORDER

(i) The application for condonation of delay is hereby allowed.

(ii) The Registry is directed to make scrutiny of the appeal as per procedure and thereafter, it be numbered only on depositing the entire decreetal amount awarded by the Commissioner under the Workmen's Compensation Act, 1923.

(iii) If the decreetal amount is not deposited within six weeks from today with the Registry or with the concerned Commissioner under the Workmen's Compensation Act, 1923, the registration of the appeal shall be refused.

(iv) The civil application is accordingly disposed of.

(SHRIKANT D. KULKARNI, J.) Mamta Kale