The Reliance General Insurance Co. Ltd., Thr Its Legal Officer, Ahmadnagar. v. Sagar Mhatardev Shekade And ANR

961-CA-3162-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3162 OF 2020 IN FAST/38290/2019 RELIANCE GENERAL INSURANCE CO. LTD., THR ITS LEGAL OFFICER, AHMADNAGAR. AND ANR

VERSUS

SAGAR MHATARDEV SHEKADE AND ANR ...

Advocate for Applicants : Mr. R. H. Dahat and Mr. S. S. Patil Advocate for Respondent No.1 : Mr. V. M. Jaware ...

CORAM :

ANIL S. KILOR, J.

DATE : 8th APRIL, 2021 PER COURT :- 1.

This application is filed by applicant-Insurance Company for condonation of delay. There is delay of 113 days. 2.

Heard learned counsel for respective parties. 3.

Learned counsel for the applicant points out that to file the appeal challenging legality and validity of Judgment and Award dated 23-05-2019 passed by the Commissioner for Employees Compensation and the Judge 2nd Labour Court Ahmednagar, in WCA No. 02 of 2017, a delay of 113 days is caused. He has stated that the reasons for causing delay have been given and delay is bonafide and not intentional. He further submits that delay is not inordinate, therefore, if delay is condoned, no prejudice would be caused to the non applicants.

961-CA-3162-20.odt 4.

Though, this application is pending for more than two years, no reply has been filed by the non-applicants opposing the application. The learned counsel for the non-applicant-original claimant has not seriously opposed the application. 5.

In the above stated backdrop and in view of the reasons stated in the application, which are satisfactory and justifiable for condonation of delay, I am of the opinion that, it would be appropriate to condone the delay 6.

In that view of the matter, the civil application for condonation of delay is allowed. The delay of 113 days caused in filing an appeal is hereby condoned.

7.

The office is directed to register the first appeal and place the same before the Court in admission category.

8.

The civil application is allowed and disposed of accordingly. ( ANIL S. KILOR ) JUDGE mtk