The New India Assurance Co.Ltd. ... vs Smt. Riya Gajanan Chorge And Ors
2021 Latest Caselaw 14371 Bom

                                                                   4.1-ia-3552-2019=fast-30594-2019.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                  INTERIM APPLICATION NO. 3552 OF 2019
         Digitally
         signed by                       (For condonation of delay)
                                                    IN
         SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
TALEKAR  Date:
         2021.10.06
                                 FIRST APPEAL (STAMP) NO. 30594 OF 2019
         18:24:54
         +0530
                      1. The New Indian Assurance Co. Ltd.       ... Applicant
                            Vs.
                      1. Smt. Riya Gajanan Chorghe
                      & 3 Ors.                                    ... Respondents
                                                    .....
                      Mr. Devendra S. Joshi for applicant/appellant.
                      Mr. Jeeni Antony for respondents.
                                                      .....
                                               CORAM       :     N.J. JAMADAR, J.
                                               DATE        :     4th October, 2021
                      PER COURT :

                      1.    Heard the learned counsel for the applicant-insurer and the

                      learned counsel for the respondents-original claimants.


                      2.    This application is preferred for condonation of delay of 436

                      days in preferring the appeal against the judgment and award

                      dated 25th June 2018, passed by the Commissioner for Employees'

                      Compensation and Judge, Labour Court, Thane.


                      3.    The learned counsel for the applicant submits that as the

                      applicant has deposited the entire amount of compensation along

                      with interest agreed thereon and the respondents-claimants have

                      been permitted to withdraw a portion of the amount of

                      compensation, the respondents do not propose to seriously assail


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                                              4.1-ia-3552-2019=fast-30594-2019.doc




the application for condonation of delay.


4.    For the reasons assigned in the application and the fact that

the entire amount of compensation has been deposited and the

respondents-claimants have been permitted to withdraw a portion

of the said amount, I am persuaded to condone the delay so as to

advance the cause of substantive justice.


5.    Hence, the following order :


                                ORDER

(i) The application stands allowed in terms of prayer

clause (a).

(ii) The delay in preferring the appeal stands condoned.

( N.J. JAMADAR, J. )

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