Bajaj Allianz General Insurance Co. Ltd., Nagpur Branch Office At Amravati Thr. Its Manager (Legal) v. Pandurang S/O Madhavrao Jadhav And Others

2024:BHC-NAG:6133 21 caf-2466-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (CAF) NO.2466 OF 2023 IN FIRST APPEAL (ST) NO.449 OF 2021 [Bajaj Allianz General Insurance Co. Ltd. ..Vs.. Pandurang Madhavrao Jadhav and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms A. S. Athalye, Advocate for Applicant/Appellant. Mr P. S. Maldhure, Advocate for Non-Applicant No.1.

CORAM

: M. W. CHANDWANI, J.

DATE : 13 th JUNE , 202 4 .

.

Heard.

2.

This is an application for condonation of delay of 253 days caused in filing the appeal.

3.

The contention is that the impugned award came to be passed on 09.01.2020 and the period of limitation expired on 29.04.2020 for filing the appeal. However, meanwhile from the month of March-2020 of pandemic situation started in entire country, the appeal has been filed on 06.01.2021. 4.

Needless to mention the decision of the Hon'ble Supreme Court in Suo Motu Writ Petition (C) No.3 of 2020, wherein the period from 15.03.2020 till February-2022 directed to be excluded, while counting the limitation period. In view of this, the application deserves to be allowed. The delay of 253 days caused in filing the appeal is hereby condoned. The appeal be registered and numbered accordingly.

TAMBE

21 caf-2466-2023 5.

The civil application stands disposed of.

FIRST APPEAL (ST) NO.449 OF 2021.

6.

Issue notice to the respondents for final disposal at the admission stage, returnable after three weeks. JUDGE TAMBE