Reliance General Insurance ... vs Smt. Tuljibai Mahadev Rukumpur ...
2021 Latest Caselaw 15341 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2021.10.28
             14:09:10 +0530




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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                 FIRST APPEAL (ST.) NO.5465 OF 2020
                                                           ALONG WITH
                                             INTERIM APPLICATION NO.3643 OF 2020
                                                           ALONG WITH
                                             INTERIM APPLICATION NO.3654 OF 2020


                                   Reliance General Insurance
                                   Company Limited.                       ..             Appellant

                                           Vs.

                                   Tuljibai Mahadev Rukumpur
                                   & Ors.                                 ..           Respondents

                                                               ...
                                   Mr. Nikhil Mehta i/b KMC Legal Venture for the appellant.
                                                               ...

                                                      CORAM : SMT. BHARATI DANGRE, J.

                                                      DATED     : 26TH OCTOBER, 2021.


                                   P.C:-

INTERIM APPLICATION NO.3643 OF 2020

1. By the present application, the applicant is seeking condonation of delay of 55 days in filing the present appeal being dissatisfied by the judgment and award dated 21/09/2019 passed in MACT Application No.877 of 2013.

                                   AJN
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2. The delay being procedural is explained in paragraph Nos.4 to 6 of the application and on perusal of the same, I am of the opinion that the delay being bona fide and since it has occurred on account of procedural formalities to be completed by the Insurance Company, it deserves to be condoned.

3. Interim Application No.3643 of 2020 is allowed in terms of prayer clause (a).

INTERIM APPLICATION NO.3654 OF 2020

4. By the present application, the Insurance Company has prayed for staying the effect and operation of the impugned judgment. Learned counsel for the appellant states that the Insurance Company is ready to deposit the entire decretal amount along with interest accrued thereon till 30/09/2021 before the MACT, Mumbai, within four weeks from today.

5. On the amount being deposited, there shall be stay to the impugned judgment.

FIRST APPEAL (ST.) NO.5465 OF 2020

6. Issue notice to the respondent Nos.1 to 6. Notice shall state that the appeal shall be taken up for final hearing. Notice is made returnable on 15/12/2021.

AJN
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7. Learned counsel for the appellant shall prepare the private paper-book/compilation of documents so that the appeal can be proceeded for final hearing.

[SMT. BHARATI DANGRE, J.]

AJN