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Bombay High CourtCAF/2388/2022ca disposed off

Shriram General Insurance Co. Ltd., Jaipur Branch Office At Nagpur Thr. Legal Officer v. Sau. Suman Wd/O Ashok Shrikondawar And Others

2023-01-25Hon'Ble Justice Urmila Joshi Phalke2 pages

(1) 36.caf.2387.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2387 OF 2022 IN FIRST APPEAL ST. NO.16384 OF 2022 Shriram General Insurance Co. Ltd., Vs.

Sau. Suman Wd/o Ashok Shrikondawar and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. G. I. Dipwani, Advocate for the appellant. Ms. Ratna A. Singh, Advocate for respondent No.2. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 25/01/2023 By this application, appellant is seeking condonation of delay of 62 days which is caused in filing the appeal against the judgment and award passed by Motor Accident Claims Tribunal, Chandrapur.

As per the contention of the appellant, the appellant is the Insurance Company and the officials of the Branch office has to obtain the necessary approvals from their higher officials wherein time is consumed, and therefore the delay is caused.

The learned Advocate appearing for the respondent No.2 raised objection on the ground that there is no justifiable and reason for condonation of delay.

Reply filed by the respondent No.2 is taken on record.

(2) 36.caf.2387.2022 Perused the application and submissions of both sides. Considering the reasons mentioned in the application that necessary approvals are required to be taken wherein the time is consumed, the delay of 62 days is condoned.

Civil Application is disposed of.

Appeal be registered.

Call for Record and Proceedings.

Appellant to file paper-book within eight weeks. After receipt of the Record and Proceedings, stand over after eight weeks.

Civil Application (CAF) No.2388/2022 By this application, appellant is seeking stay to the implementation, operation and execution of the award passed by the Motor Accident Claims Tribunal, Chandrapur. As the appellant has already deposited entire amount of compensation in this Court on 25.11.2022, the implementation, operation and execution of the impugned judgment and award is stayed, till final disposal of the appeal.

Civil Application is disposed of.

FIRST APPEAL NO. OF Stand over after six weeks.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 17:17