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Bombay High CourtCAF/56/2019disposed off

Cholamandalam M.S. General Insurance Co.Ltd.Through Its Authorized Representative Mr. Hemant Gaonka v. Mr. Sunanda Revappa Mhetre And ORS.

2019-08-16Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.56 OF 2019 WITH CIVIL APPLICATION NO.57 OF 2019 IN FIRST APPEAL (STAMP) NO.36770 OF 2018 WITH FIRST APPEAL (STAMP) NO.36770 OF 2018 Cholamandalam M.S. General Insurance Co. Ltd.

...Applicant/Appellant

Versus

Ms Sunanda Revappa Mhetre and Anr.

...Respondents

.....

Ms Deepika Motagi I/b. M/s. Res Juris for the Applicant. Shri R.A. Naik I/b. Mr. Umesh R. Mankapure for the Respondent No.1. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 16th AUGUST, 2019.

P.C.:­ ORDER IN CIVIL APPLICATION NO.56 OF 2019:­ The Applicant herein has sought to condone delay of 72 days in filing the appeal against the impugned judgment and order dated 9th August, 2018 passed by the learned Commissioner, Labour Court, Sangli in E.C.A. No.17/B­5/2017.

2.

In view of the reasons stated in paragraph 6 of the application, which in my considered view constitute sufficient cause, 1/3

the application is allowed. The delay is condoned. ORDER IN CIVIL APPLICATION NO.57 OF 2019:­ 3.

The learned counsel for the Applicant states that the entire compensation alongwith the interest accrued thereon as per the impugned judgment and award has already been deposited. 4.

In the light of the said statement, execution and implementation of the impugned judgment and award is stayed till the disposal of the appeal.

5.

The application stands disposed of.

ORDER IN FIRST APPEAL (STAMP) NO.36770 OF 2018:­ 6.

The appeal be registered subject to removal of all office objections.

7.

Mr. R.A. Naik, the learned counsel waives service on behalf of the Respondent No.1. He states that he has filed application for withdrawal of the compensation. Said application alongwith the appeal be listed for admission on 30/8/2019.

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8.

Issue notice to the Respondent No.2, returnable on 30/8/2019.

(SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by Parab Date:

2019.08.21 17:13:17 +0530 Parab 3/3