Shriram General Ins. Co. Ltd. Chandrapur Through Its Legal Officer, Nagpur v. Prakash S/O Dewaji Thakre (Deleted-Dead) And Others

15. CAF 249.2021 in FAst 1612.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 249 OF 2021 IN FIRST APPEAL (ST.) NO. 1612 OF 2020 Shriram General Insurance Co. Ltd. thr. its Legal Officer, Nagpur ...VERSUS...

Prakash S/o. Dewaji Thakre (dead-deleted), Sau. Sindhu Prakash Thakre and ors. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri H.N.Verma, Advocate for appellant.

Ms. Aarti Singh, Advocate for respondent nos. 2 and 3.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th AUGUST , 2022.

The present application is filed by the appellant for condonation of delay in filing the First Appeal. The delay is of 162 days.

2.

The learned counsel appearing for respondent nos. 2 and 3 opposed the present application.

3.

However, for the reasons stated in the application, I am inclined to allow the present application and condone the delay. 4.

It appears that the delay is caused on account of administrative approval. As such, the present application is allowed. 5.

The delay in filing First Appeal is hereby condoned. 6.

Registry is directed to register the First Appeal. 7.

The application is disposed of accordingly.

15. CAF 249.2021 in FAst 1612.2020 CIVIL APPLICATION NO. 250 OF 2021 The present application is filed for grant of stay to the effect, operation and execution of impugned judgment and award. 2.

It appears that the total decreetal amount came to be deposited by Cheque on 16/07/2021 by the appellant. Later on, 50% of amount was allowed to be withdrawn by respondent no. 2 vide order 05/08/2021 passed by this Court.

3.

In view of the fact that the total decreetal amount is deposited, the application is allowed.

4.

The effect, operation and execution of impugned judgment and award is hereby stayed during the pendency of appeal. 5.

Accordingly, the application stands disposed of. FIRST APPEAL (ST.) NO. 1612 OF 2020 Issue notice to the respondents for final hearing at the stage of admission, returnable within three weeks.

2.

Ms. Aarti Singh, learned counsel waives notice for respondent nos. 2 and 3.

3.

R & P be called.

4.

The learned counsel for the appellant is hereby directed to supply copy of appeal memo.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar