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Bombay High CourtCAO/371/2017ca disposed off

The New India Assurance Company Ltd. Through Manager, Nagpur v. Vinodkumar S/O Rambilasji Agrawal And 2 Others

2017-06-07Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

4-CAF-2989-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2989 OF 2014 IN FIRST APPEAL ST. NO.15113 OF 2014 The New India Assurance Co. Ltd. Thr. Manager, Seminary Hills, Nagpur -vsVinodkumar s/o Rambilasji Agrawal and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Ms Anita Mategoankar, Advocate for appellant/applicant. Shri P. R. Agrawal, Advocate for respondent No.3. CORAM : DR S.S. PHANSALKAR-JOSHI, J.

DATE : JUNE 07, 2017 C.A.O. No.371 of 2017 Learned counsel for the appellant submits that she is not pressing this application.

The application is disposed of as withdrawn.

C.A.F. No.2989 of 2014 This is an application seeking condonation of delay of 156 days in preferring the first appeal against judgment and award dated 16/11/2013 passed by MACT, Achalpur in M.A.C.P. No.28/2010.

Learned counsel for respondent No.1 is absent when called out.

Heard learned counsel for respondent No.3. He has objection to condone the delay. However, considering the reasons for delay given in paragraphs 3, 4 and 5 of the application, as sufficient cause is made out, the application for condonation of delay is allowed.

4-CAF-2989-14 2/2 Office to register the appeal. Application is disposed of. F.A.St. No.15113 of 2014 Heard.

Admit. Call for record and proceedings.

Shri P. R. Agrawal, learned counsel waives notice on behalf of respondent No.3.

Appellant to file paper-book within six months. C.A.O. No.826 of 2015 This is an application seeking stay to judgment and award dated 16/11/2013 passed by MACT, Achalpur in M.A.C.P. No.28/2010.

It is submitted by learned counsel for the applicant/appellant that the entire amount of compensation would be deposited in this Court within four weeks from today. In view of this statement and assurance, stay is granted to the execution of impugned judgment and award till disposal of the appeal. In case of failure of the appellant to deposit the amount within stipulated period, the stay granted would stand automatically vacated.

The application is disposed of accordingly.

JUDGE Asmita