The Oriental Insurance Co. Ltd., Branch Office, Akola Thr. Its T.P. Hub Incharge, Nagpur v. Mahadep S/O Sonaji Shirole And Others
16 caf1778.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR CAF NO.1778/2019 AND FA ST.NO.5215/2019 The Oriental Insurance Co.Ltd., Branch Office at Akola, thr.its TP Hub Incharge, Nagpur ..vs..
Mahadep s/o Sonaji Shirole and ors ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Mrs.Mrunal Naik, Counsel for the Applicant.
Shri Sachin Sambre, Counsel for NA Nos.1 & 2. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 28/02/2023 1.
The application is preferred by the Oriental Insurance Company Limited for condonation of delay caused in preferring the appeal against judgment and award dated 21.4.2018 passed by learned Commissioner Under Employees' Compensation, First Labour Court at Nagpur in ECA Case No.B-39/2015. Delay is of 220 days. 2.
Learned counsel Mrs.Mrunal Naik for the applicant/Insurance Company submits that the judgment and award was passed on 21.4.2018. The applicant applied for certified copy and the certified copy was received on 4.6.2018 and, thereafter, necessary documents were forwarded to the Regional Office who was exercising scrutiny of High Court's matters. After obtaining legal opinion, the appeal was filed. In obtaining scrutiny as well as legal opinion, time was consumed and, therefore, the delay is caused. The delay is not intentional. There is sufficient and reasonable cause for condonation of delay.
3.
The application is opposed by learned counsel Shri Sachin Sambre for claimants on the ground that the delay is not properly explained.
4.
Heard and perused the application.
5.
It is apparent that the Insurance Company was to obtain necessary approval from higher officials in which the time was .....2/-
16 caf1778.19 consumed. Thus, the delay is not intentional one and as such the delay can be condoned.
6.
For reasons stated in the application, the application is allowed. The delay is condoned.
7.
Office to register the first appeal. Record and proceedings be called for. Paper book be filed within a period of twelve weeks from today. After receipt of the record and proceedings, place the appeal for its final hearing as per its turn. 8.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) !! BrWankhede !!
by BHUSHAN RANA WANKHEDE Date:
2023.03.01 15:18:39 +0530 BHUSHAN RANA WANKHEDE ...../-