Bajaj Allianz General Insurance Co. Ltd., Thr. Its Aut. Sign., Mr. Nilesh Subhashchandra Gandhi., v. Mrs. Bilkishbi Basir Sheikh And 4 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 478 OF 2017 IN STAMP NUMBER MAIN NO. 1547 OF 2017 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR. ITS AUT. SIGN., MR.

NILESH SUBHASHCHANDRA GANDHI., ... Applicant

Versus

MRS. BILKISHBI BASIR SHEIKH AND 4 ORS., ... Respondents Mr. Narayan Dattaram Govekar, Advocate for the applicant. Mr.Milton Marshal, Advocate for Respondent Nos.1 & 2 Coram:- PRITHVIRAJ K. CHAVAN, J.

Date:- 4th January 2018 P.C.

This is an appeal challenging an award passed by the Member, MACT, Panaji, wherein a delay of 47 days has occurred in preferring the appeal.

2. Heard Mr.Govekar, learned counsel for the applicant.

3. It is submitted that after passing an award, the applicant immediately applied for a certified copy on 17th December, 2016 and was delivered on 9th January, 2017. The copy of the award along with original file was received by local office on 17th January 2017 and it was sent to the Regional Office,

MCA/478/2017 Mumbai on 25th January 2017. It is submitted by the learned counsel appearing for the applicant that the delay was not intentional, as the award being of high value it has go through the different level for process at Head Office and after discussing the case with higher Officers, a decision has been taken to prefer an appeal.

4. It seems that the delay is bonafide. The learned counsel for respondent nos.1 and 2 has no objection.

5. For the aforesaid reasons, the delay needs to be condoned and the appeal needs to be heard on merits. As such, the delay is condoned. The office is directed to register an appeal.

6. The learned counsel for the appellant-applicant undertakes to deposit the entire amount of award with interest within four weeks. The statement is accepted.

7. Application stands disposed of.

PRITHVIRAJ K. CHAVAN, J.

mukund