New India Assurance Co. Ltd., Thr. Branch Manager, Nagpur Thr. Regional Manager, Nagpur v. Kawdu S/O Gulabrao Warkade And Others

2023:BHC-NAG:17587 24..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.556 OF 2021 IN FIRST APPEAL ST. NO.2681 OF 2021 The New India Assurance Company Ltd., through its Branch Manager, Nagpur .Vs. Kawdu S/o Gulabrao Warkade and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.B. Joshi, Advocate for applicant.

Shri K.P. Mirache, Advocate for respondent Nos.1 and 2/State. CORAM : ANIL S. KILOR, J.

DATED : 22/12/2023 1.

There is a delay of 688 days in challenging the judgment and order dated 19.01.2019 passed by the Commissioner, under Employee Compensation Act and First Labour Court, Nagpur in ECA Application No.B69/2016. 2.

The reasons stated in the application and as the reasons are found satisfactory showing sufficient cause for causing delay, the application is allowed.

3.

The delay caused in filing the appeal is hereby condoned.

Civil application is disposed of accordingly. C.L. Dhakate

24..odt CIVIL APPLICATION (CAF) NO.3452 OF 2023 4.

The applicant has deposited the amount in pursuance to the judgment and order dated 19.01.2019 passed by the Commissioner, under Employee Compensation Act and First Labour Court, Nagpur in ECA Application No.B-69/2016. The appellant has deposited Rs.14,62,441/- on 04.09.2019 which the non-applicants are seeking to withdraw the said amount.

5.

The reason for such permission which have stated in the application, considering the same, the permission is granted to withdraw the 50% amount on furnishing usual undertaking.

Civil application is disposed of accordingly. JUDGE C.L. Dhakate