The New India Assurance Co. Ltd., Thr Its Authorized Signatory Aurangabad v. Chhaya Arun Mote And ORS

{1} CIVIL APPLICATION NO.13465 OF 2017 IN Applicant Mr.M.M.Ambhore, advocate for the applicant Perused the affidavit in reply filed by Mr.Suryakant s/o Sahebrao Makhare, Senior Divisional Manager.

In the affidavit, responsibility for loss of file has been placed on Mr.Ravikant Yadav. Earlier, despite direction of this Court that affidavit be filed by Senior Divisional Manager, no such affidavit was filed and it is only Mr.Ravikant Yadav, who filed an affidavit, in which, he did not even admit that he was responsible for loss of the file. Thus, no explanation is forthcoming as to why Senior Divisional Manager did not file the affidavit, in the first instance, despite directions to him to do so. Ultimately, the Senior Divisional Manager has tendered unconditional apology. Since, now it is submitted that the file has indeed been misplaced, the application for condonation of delay will have to be allowed, subject, however, to the payment of costs by the appellantInsurance Company. Ordinarily, such costs are required to be

{2} recovered from the person who was responsible for the loss of the file i.e. Mr.Ravikant Yadav. However, taking into consideration the fact that both, the Senior Divisional Manager and Mr.Ravikant Yadav have tendered apologies, no direction is issued for recovery of costs from them personally. Accordingly, delay is condoned subject to the appellant's paying costs of Rs.1000/- (Rs.One Thousand) within a period of four weeks from today. Civil Application for condonation of delay is disposed of in the aforesaid terms.

{3} CIVIL APPLICATION NO.13466 OF 2017 IN Applicant Mr.M.M.Ambhore, advocate for the applicant Since the entire compensation amount is deposited, ad interim relief granted earlier is confirmed and application for stay is disposed of.

{4} CIVIL APPLICATION NO.15368 OF 2017 IN Chhaya Arun Mote & others Applicants and another Mr.S.S.Dargad, advocate for applicants.

Mr.M.M.Ambhore, advocate for Respondent No.1. Civil Application for withdrawal of compensation made by the claimants is disposed of by permitting the claimants to withdraw 50% of the deposited amount by filing an undertaking that such withdrawal shall abide by final orders in the appeal. Civil Application is disposed of.

{5} Appellant Mr.M.M.Ambhore, advocate for the appellant Heard.

Admit.

Call for Record & Proceedings.

Mr.Dargad, advocate waives service of notice on behalf of Respondents No.1 to 4.