The New India Insurance Co.Ltd. ... vs Digambar Himmatrao Malode And Anr
2021 Latest Caselaw 15092 Bom

                                                                               33-Ia-2686-2021-in-Fa-St-1931-2021.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO. 2686 OF 2021
                                                             IN
                                            FIRST APPEAL (STAMP) NO. 1931 OF 2021

                              The New Indian Insurance Co. Ltd.
                              Thr. Divisional Officer                                ... Applicant/
                                                                                       Appellant
                                           vs.

                              Digambar Himmatrao Malode & Anr.                       ... Respondents

                              Ms. Deepika Prabhala i/by Res Juris, for the Applicant/Appellant.

                              Mr. Pritesh K. Bohade, for the Respondent.


                                                       CORAM :    N. J. JAMADAR, J.

                                                       DATE :     20th OCTOBER, 2021

                              P.C.:

1. Heard the learned counsel for the applicant. Issue notice

to the respondents. The learned counsel waives notice for

respondent No.1- original claimant.

2. This application is preferred to condone the delay of 268 days

in preferring the appeal against the judgment and award in MACT

No. 461 of 2015 passed by learned Member MACT, Nashik on 13 th

December, 2019.

3. There are averments in the application which make out

a sufficient cause for condonation of delay. It is trite that an

Digitally signed by SAJAKALI application for condonation of delay should receive liberal SAJAKALI LIYAKAT JAMADAR LIYAKAT Date:

JAMADAR    2021.10.22
           11:24:43
           +0530
                              SLJ                                                                                ...1

33-Ia-2686-2021-in-Fa-St-1931-2021.doc

consideration so as to advance the cause of substantive justice. The

reasons ascribed by the applicant in para Nos. 4 to 7 of the

application do make out a sufficient cause.

4. Thus, to advance the cause of justice, the application

stands allowed in terms prayer clause (b).

5. The delay in preferring the appeal stands condoned.

6. Application stands disposed of.

                                        (N. J. JAMADAR, J.)




SLJ                                                                              ...2