The Oriental Insurance Co Ltd v. Vaishali Vilas Gosavi And ORS

2026:BHC-AUG:11785 914(A)-CA-13043-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 13043 OF 2025 IN FAST/35079/2025 THE ORIENTAL INSURANCE CO LTD

VERSUS

VAISHALI VILAS GOSAVI AND ORS ....

Mr. Dhananjay Deshpande, Advocate for the Applicant Mr. Mukul S. Kulkarni, Advocate for Respondent Nos. 4 and 5 ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : March 17, 2026 PER COURT :- 1.

Heard the learned counsel for the applicant / insurance company and Mr. Mukul Kulkarni, the learned counsel for respondent Nos. 4 and 5, at length.

2.

Despite service of notice, none appeared for respondent Nos. 1 to 3.

3.

By the present applicant, the applicant / insurance company is seeking condonation of delay of 77 days caused while lodging the appeal against the judgment and award dated

(( 2 )) 914(A)-CA-13043-2025 08.05.2025, passed by the learned Commissioner under the Employees' Compensation Act, in Application E.C.A. No.2 of 2021. Despite service, the non-applicant Nos. 1 to 3 cannot resistate the application. The learned counsel for respondent Nos. 4 and 5 strongly opposed the application.

4.

The applicant / insurance company come with the ground that after the order is passed by the learned Commissioner under the Employees' Compensation Act, some time is consumed for obtaining the certified copies of the necessary documents as well as for obtaining the opinion and mandatory sanction, which appears to be unintentional and bona fide. Therefore, the delay of 77 days caused in lodging the appeal, needs to be condoned.

5.

Accordingly, the civil application is allowed. The delay of 77 days caused while lodging the appeal, is hereby condoned. 6.

The office to register the appeal and place before this Court on 01.04.2026.

[ Y. G. KHOBRAGADE, J. ] SMS