The National Insurance Co. Ltd. v. Manisha Pandit Darade And Others

{1} 7 cod.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 7 CIVIL APPLICATION NO. 14275/2015 IN FAST/28207/2015 THE NATIIONAL INSURANCE CO. LTD.

VERSUS

MANISA PANDIT DARADE AND OTHERS ...

Advocate for Appellants : Mr. Sanjay V. Mundhe AGP for Respondents: Mr. Ajit B. Kadethankar. CORAM : K.K. SONAWANE, J.

DATE : 25st JUNE , 2018.

PER COURT:

Heard learned counsel for the appellant/Insurance Company and learned counsel Shri Mundhe for respondent Nos. 1 to 4. Despite service of notice, no one else turned up for respondent No.5. Matter pertains to delay of 16 days for filing first appeal against the judgment and award passed by the MACT, Parbhani in MACP No. 279 of 2012. For the reasons mentioned in the application, there is no impediment to condone the meager delay of 16 days caused in filing the first appeal. Accordingly, the application stands allowed in terms of prayer clause (B). Delay caused for filing the first appeal is hereby condoned. Registry to take requisite steps for further process. On registration of appeal, issue notice to respondents returnable on 25th July, 2018. Learned counsel Mr. S.V. Mundhe, waives service for respondent Nos. 1 to 4.

In addition to regular mode of service, appellants to serve the notice privately to respondent No.5 and file affidavit of service with tangible proof on or before the returnable date. Call for R. & P. from the concerned Tribunal. After receipt of R. & P. list the appeal for admission with connected appeal in due course. [K.K. SONAWANE] JUDGE.

grt/-