The United India Insurance Co. Ltd., Thr Its Authorised Signatory, Manager, Aurangabad v. Rustum Sopanrao Madke And ANR

{1} 943 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO.14431 OF 2019 IN FAST/37546/2019 WITH CA/14432/2019 IN FAST/37546/2019 THE UNITED INDIA INSURANCE CO. LTD., THR ITS AUTHORISED SIGNATORY, MANAGER, AURAN

VERSUS

RUSTUM SOPANRAO MADKE AND ANR ...

Advocate for Applicant : Mr. Vinodkumar R. Mundada Adv. for Respondent Nos. 1 and 2: Mr. V.M. Maney CORAM : K.K. SONAWANE, J.

DATE : 5th FEBRUARY, 2020.

PER COURT:

The learned counsel Mr. V.M. Maney submits that he has instructions to appears for respondent Nos. 1 and 2. He undertakes to fle V.P. durinV the course of day.

2] Heard learned counsel for the applicant Insurance Company and learned counsel for respondent Nos. 1 and 2. Despite service of notice, nobody appears for respondent No.3. 3] The present application is fled seekinV condonation of delay of 24 days caused for flinV appeal aVainst the impuVned judVment and award passed by learned Commissioner for Workmen's Compensation in WCFA No. 4 of 2015. The learned counsel for the applicant submits that the delay is not intentional and deliberate but caused due to compliance of ofcial process.

{2} 943 sr.no..odt 4] The learned counsel for the respondent raised objection and submits that delay has not been properly explained and it would be unjust and improper to condone the delay.

5] In view of submissions advanced on behalf of both sides, nature of subject matter as well as reasons mentioned in the application, I do no fnd any impediment to condone the delay. It is the rule of law that while dealinV with the application for condonation of delay, the Court should adopt liberal and praVmatic approach by avoidinV pedantic approach. Defnitely, it would subserve the purpose in the interest of justice. Hence, the application stands allowed in terms of prayer clause (B). Delay caused for flinV the appeal is hereby condoned. ReVistry to take requisite steps for further process.

6] On reVistration of appeal, issue notice to respondents. The learned counsel Shri V.M. Maney, Advocate waives notice for respondent-oriVinal claimants. Call for R.& P from the concerned trial Court.

7] On receipt of R. & P. list the appeal for admission in due course.

8] Interim relief Vranted earlier to continue till next date. [K.K. SONAWANE] JUDGE.

Grt/-.