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Bombay High CourtCAF/1402/2020delay condonatedrejected

The General Manager, Western Coalfields Limited, Umred, Nagpur v. Malti Wd/O Devkumar Petha And Others

2021-08-27Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

15 caf1402.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1402 OF 2020 IN FIRST APPEAL STAMP NO. 1064 OF 2020 The General Manager, Western Coalfield Limited, Umred Vs.

Malti Wd/o Devkumar Petha and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri R.H. Chandurkar, Advocate for appellant. Shri B.S. Mandhare, Advocate h/f Shri P.S. Mirache, Advocate for respondent nos.1 to 3.

CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 27 th AUGUST, 2021.

Heard.

2.

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

3.

Perused the application.

4.

For the reasons stated in the application, the delay of 69 days caused in filing the appeal is condoned. Appeal be registered.

5.

The application stands disposed of.

FIRST APPEAL STAMP NO. 1064 OF 2020 6.

Heard.

15 caf1402.20.odt 7.

ADMIT.

8.

Shri Mandhare, learned counsel waives service of notice for respondent nos.1 to 3/claimants.

9.

Call for record and proceedings.

CIVIL APPLICATION (F) NO.1403 OF 2020 10.

Heard.

11.

Issue notice to the non-applicants.

12.

Shri Mandhare, learned counsel waives service of notice for non-applicant nos.1 to 3/claimants. Corrected as per Court's order dated 01.09.2021 13.

The appellant is directed to deposit entire decretal amount along with interest, within a period of four weeks.

14.

In view of above, there shall be ad-interim stay to the further execution proceeding bearing No.RD 504 of 2019 pending on the file of learned Member, Motor Accident Claims Tribunal-4, Nagpur, until further orders, subject to deposit of entire decretal amount with interest accrued thereon with the Registry of this Court.

JUDGE Wagh