Branch Manager The New India Assurance Co Ltd v. Sudarshan Raosaheb Ghuge And Others

50-ca4429.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4429 OF 2025 IN FAST/12033/2025 Branch Manager The New India Assurance Co Ltd.

VERSUS

Sudarshan Raosaheb Ghuge And Others WITH CIVIL APPLICATION NO. 4430 OF 2025 IN FAST/12033/2025 ---- Mr.A.S.Usmanpurkar, Advocate for applicant Mr.S.R.Shirsat, Advocate for respondent nos.1 to 5 ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 22, 2025 ORDER :- Feeling aggrieved by the judgment and award dated 15.07.2024, passed by learned Commissioner of Employees Compensation and Civil Judge, Senior Division, Beed, in W.C.A. No.6/2014, present appeal is filed by the insurance company. Since there is delay of 193 days in filing the appeal, present application is filed for condonation of the same.

2.

Mr.Osmanapurkar, learned counsel for the applicant - insurance company, submits that the appeal consists of the substantial questions of law, which are to be dealt with by this court. He submits

50-ca4429.2025 that the delay has arisen due to administrative exigency in collecting various approvals and the award amount to be deposited in the trial court, etc. He would also submit that the appellant - insurance company has even deposited the payable award amount in the trial court as a condition precedent to lodge the present appeal. In view of this, he prays for condonation of delay.

3.

Mr.Shirsat, learned counsel for the claimants, though reluctantly, concedes for condonation of delay. 4.

Upon having heard learned counsel for the parties, I am of the considered view that the appellant has sufficiently explained delay. Delay does not seem to be inordinate and caused due to lethargy on the part of the appellant. The interest of the claimants also has been protected by depositing the award amount. 5.

In view of the above, delay caused in filing the appeal is condoned. The application stands allowed and disposed of. 6.

The Registry to register the appeal, subject to removal of the office objections, if any, by the applicants/appellants. On registration, issue notice to the respondents. Mr.S.R.Sirsast, learned counsel waives notice for respondent nos.1 to 5.

50-ca4429.2025 (iii) The matter be listed after service of notice is complete. In the meantime, applicant/appellants shall take recourse to Chapter II of the Bombay High Court Appellate Side Rules, 1960, corresponding to the position of the matter.

[AJIT B. KADETHANKAR, J.] KBP