United India Insurance Company Ltd., Through Divisional Manager, Amravati v. Gaffar Khan S/O Abbas Khan And 2 Others

32-CAF-3057-14 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.3057 OF 2014 IN FIRST APPEAL (ST) NO.9198 OF 2012 United India Insurance Co. Ltd. The Divisional Manager, Amravati -vsGaffar Khan S/o Abbas Khan & Ors.

-------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------------------------- Shri S.N. Dhanagare, Advocate for appellant.

Shri A. K. Tripathi, Advocate for respondent No.2. CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 24, 2015 Prayer is to condone delay of 1024 days in filing the First Appeal. It is stated that the award came to be passed by the Claims Tribunal on 21/04/2009. An application for review was moved before the Claims Tribunal. Same came to be rejected on 21/01/2012 after which the present appeal came to be filed.

The application is opposed by the learned counsel for respondent No.2 on the ground that even after dismissal of the Review Application, immediate steps were not taken to file the appeal. Considering the fact that the Review Application was pending till 21/01/2012 after which necessary formalities were required to be completed, the delay in filing the First Appeal stands condoned subject to costs of Rs.2000/- to be paid to respondent No.1 within period of three weeks from today. If the costs are so paid, the appeal shall stand registered. C.A. is allowed and disposed of. JUDGE Asmita