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Bombay High CourtCAF/104/2019delay condonatedrejected

Mohd. Imran S/O Gulam Haider v. Shriram General Insurance Co Ltd. Nagpur Thr. Authorised Signatory And Another

2021-01-14Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

55A.F.A.St.4242.2017.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.104 of 2019 IN First Appeal Stamp No.4242 of 2017 Mohd. Imran S/o Gulam Haider Vs. Shriram General Insurance Company Limited & Anr.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.J. Pathak, Advocate for the Appellant. Shri H.N. Verma, Advocate for Respondent No.1. Shri Zoher Shakir, Advocate h/f Shri Shaikh Majid, Advocate for Respondent No.2. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 14 th JANUARY, 2021.

By this application, the applicant has sought to condone the delay of 114 days in filing the appeal against the judgment and award passed by 3rd Labour Court, Nagpur. Learned counsel for respondent No.1 objects on the ground that no sufficient cause has been made out. Heard learned counsel for both the parties and I have perused the record. In paragraphs 3 and 4 of the application, the applicant has stated that he was unable to engage a lawyer due to the injuries sustained in the accident.

In view of the reasons stated in paragraphs 3 and 4 of the application, which in my considered view constitute sufficient cause, the application is allowed. Delay is condoned.

The civil application stands disposed of.

Appeal be registered after removing office objections, if any.

55A.F.A.St.4242.2017.

2/2 First Appeal Stamp No.4242 of 2017 Shri H.N. Verma, learned counsel waives service of notice for respondent No.1 and Shri Zoher Shakir, learned counsel holding for Shri Shaikh Majid, learned counsel waives service of notice for respondent No.2.

Learned counsel for the applicant undertakes to furnish the copy of the appeal memo to learned counsel for respondent No.1 within one week.

The matter be listed for admission after two weeks. (SMT. ANUJA PRABHUDESSAI, J.) vijay