← Library
Bombay High CourtCA/8245/2017delay condonatedrejected

The Chairman Sidheshwar Sahakari Sakhar Karkhana Ltd, Solapur v. Tukaram Dnyanoba Shingade And ORS

2021-09-01Hon'Ble Shri Justice V.K. Jadhav2 pages

8245.17CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO.8245 OF 2017 IN FIRST APPEAL [STAMP] NO.14059 OF 2017 THE CHAIRMAN, SIDHESHWAR SAHAKARI SAKHAR KARKHANA LTD., SOLAPUR

VERSUS

TUKARAM DNYANOBA SHINGADE & OTHERS ...

Mr.Aditya N. Sikchi, Advocate for the applicant. Mr.R.J.Nirmal, Advocate for respondent nos.1 to 4. ...

CORAM : V. K. JADHAV, J.

DATED : 01.09.2021 PER COURT :

1] Heard learned counsel for the applicant and learned counsel appearing for respondent nos.1 to 4 - original claimants.

2] Applicant is the employer as claimed by the claimants in original Claim Petition before the Commissioner, Workmen's Compensation. Though the Commissioner has passed Award jointly and severally against the applicant - employer and the respondent - Insurer, however, so far as penalty part is concerned, the applicant being employer is directed to pay the penalty exclusively.

8245.17CA.odt 3] There is delay of 164 days caused due to procedural aspects.

4] Learned counsel for the respondents - claimants submits that delay has not been satisfactorily explained. 5] There is delay of only 164 days caused due to procedural aspects. The applicant is the Chairman of the Sugar Factory, situated in District Solapur.

6] Thus, in view of above and for the reasons stated in the application, application is allowed in terms of prayer clause-B and same is disposed of accordingly. [V. K. JADHAV, J.] DDC