Citation : 2021 Latest Caselaw 6278 Bom
Judgement Date : 8 April, 2021
1 961-CA-3162-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 3162 OF 2020
IN FAST/38290/2019
RELIANCE GENERAL INSURANCE CO. LTD., THR ITS LEGAL
OFFICER, AHMADNAGAR. AND ANR
VERSUS
SAGAR MHATARDEV SHEKADE AND ANR
...
Advocate for Applicants : Mr. R. H. Dahat and Mr. S. S. Patil
Advocate for Respondent No.1 : Mr. V. M. Jaware
...
CORAM : ANIL S. KILOR, J.
DATE : 8th APRIL, 2021 PER COURT :-
1. This application is filed by applicant-Insurance Company for
condonation of delay. There is delay of 113 days.
2. Heard learned counsel for respective parties.
3. Learned counsel for the applicant points out that to file the
appeal challenging legality and validity of Judgment and Award
dated 23-05-2019 passed by the Commissioner for Employees
Compensation and the Judge 2nd Labour Court Ahmednagar, in WCA
No. 02 of 2017, a delay of 113 days is caused. He has stated that
the reasons for causing delay have been given and delay is bonafide
and not intentional. He further submits that delay is not inordinate,
therefore, if delay is condoned, no prejudice would be caused to the
non applicants.
2 961-CA-3162-20.odt
4. Though, this application is pending for more than two years,
no reply has been filed by the non-applicants opposing the
application. The learned counsel for the non-applicant-original
claimant has not seriously opposed the application.
5. In the above stated backdrop and in view of the reasons
stated in the application, which are satisfactory and justifiable for
condonation of delay, I am of the opinion that, it would be
appropriate to condone the delay
6. In that view of the matter, the civil application for
condonation of delay is allowed. The delay of 113 days caused in
filing an appeal is hereby condoned.
7. The office is directed to register the first appeal and place the
same before the Court in admission category.
8. The civil application is allowed and disposed of accordingly.
( ANIL S. KILOR ) JUDGE
mtk
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