National Insurance Co. Ltd., Thr Its Authorised Signatory, Aurangabad v. Shaikh Hasina Sharfuddin And ORS

{1} 940 cod ca 9723.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO.9723 OF 2019 IN FAST/24702/2019 WITH CA/9724/2019 IN FAST/24702/2019 WITH CA/232/2020 IN FAST/24702/2019 NATIONAL INSURANCE CO. LTD., THR ITS AUTHORISED SIGNATORY, AURANGABAD

VERSUS

SHAIKH HASINA SHARFUDDIN AND ORS ...

Advocate for Applicant : Mr. V.R. Mundada Adv. for Respondents: Mr. T.M. Venjane.

Adv. For respondent No.2 : Mr. Ashwin V. Hon. CORAM : K.K. SONAWANE,J.

DATE : 11TH MARCH , 2019.

PER COURT:

Heard learned counsel for the applicant Insurance company and Shri Venjane, Advocate for the respondent/original claimant as well as Mr. Hon, Advocate for respondent No.2. Despite service of notice no one else appeared on behalf of respondent Nos. 3 and 4.

2] Perused the application The applicants have preferred present application seeking condonation of delay of 24 days caused for fling frst appeal against the impugned judgment and award passed by the learned Commissioner for Employees Compensation Latur in Application (WCA) 14 of 2014. The learned counsel for the applicants submits that the so called delay was not intentional and deliberate but caused due to compliance of ofcial process.

{2} 940 cod ca 9723.odt 3] The learned counsel for respondents/original claimants raised the objection and submits that the delay caused for fling the appeal is not properly explained and hence, the same may not be condoned.

4] In view of nature of subject matter and for the reasons mentioned in the application, there is no impediment to condone the delay of 24 days caused in fling the frst appeal. Accordingly, the application stands allowed in terms of prayer clause (A). Delay caused for fling the frst appeal is hereby condoned. Registry to take requisite steps for further process.

5] On registration of appeal, issue notice of admission to respondents returnable on 8th April, 2020. Learned counsel Mr. T.M. Venjane, waives notice for respondent No. 1. Mr. Ashwin Hon, Advocate waives notice for respondent No.2.

[K.K. SONAWANE] JUDGE.

Grt/-