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Bombay High CourtCAF/2804/2019delay condonatedrejected

Shriram General Insurance Co. Ltd., Through Its Authorise Signatory, Nagpur v. Smt. Savita Wd/O Shridhar @ Gitti Atkari And Others

2023-03-06Hon'Ble Justice Urmila Joshi Phalke2 pages

26 CAF-2804-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.2804 OF 2019 IN FIRST APPEAL (ST) NO.

22351 OF [Shriram General Insurance Co. Ltd. ..V/s.. Smt. Savita Wd/o Shridhar @ Gitti Atkari and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr G. I. Dipwani, Advocate for Applicant/Appellant. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 6 th MARCH , 202 3 .

.

By this application, the applicant/appellant - Insurance Company is seeking condonation of delay of 36 days, which is caused in preferring the appeal.

2.

Present appellant has preferred the appeal against the judgment and order passed by the Commissioner under the Employee's Compensation Act, Fourth Labour Court, Nagpur in ECA Case No.C-39 of 2011. As per the contention of the appellant, appellant had obtained certified copy on 27.06.2018. Thereafter, the appellant has obtained necessary approvals from the Higher Officials, wherein the time was consumed, and therefore, the delay of 36 days is caused in preferring the appeal. It is submitted by Mr Dipwani, learned Advocate that delay is not intentional one, there is just and reasonable cause for condonation of delay.

3.

Though respondent Nos.1 to 4 are served, none appeared. 4.

In view of the reasons mentioned in the application, application is allowed and delay of 36 days is condoned. Appeal

26 CAF-2804-2019 be registered and numbered accordingly.

5.

Civil Application No.2804 of 2019 is disposed of. F IRST APPEAL (ST) NO.

22351 OF 2018.

6.

Admit.

7.

Issue notice to the respondents for final disposal. 8.

Call for Record and Proceedings.

9.

Place the matter before the Court after receipt of record and proceedings.

JUDGE TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE