The New India Insurance Co. Ltd vs Smt. Lata @ Shashikala Subhash ...
2022 Latest Caselaw 2003 Bom

                                                                       6-CAF-2916-2016.DOC




                      Sonali



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                     CIVIL APPLICATION NO.2916 OF 2016
                                                        IN
                                    FIRST APPEAL (ST) NO. 14859 OF 2016


                      The New India Assurance Co. Ltd.                      ...Applicant
                           Versus
                      Smt. Lata @ Shashikala Subhash Aher & Ors          ...Respondents


                      Mr. Ketan Joshi, for the Applicant/Original Appellant.
                      Mr. Akshay H. Bankapur, i/b. Mr. Sandeep Shinde, for the
                            Respondents Nos. 1 and 4.


                                            CORAM        Madhav J. Jamdar, JJ.

                                            DATED:       26th February 2022
                      PC:-

1. Heard Mr. Ketan Joshi, learned Advocate appearing for Digitally the Applicant and Mr. Akshay Bankapur, the learned Advocate signed by SONALI MILIND SONALI MILIND PATIL appearing for the Respondents.

PATIL    Date:
         2022.02.28
         12:07:11
         +0530

2. There is delay of 58 days in filing the First Appeal. The First Appeal challenges the judgment and award dated 1 st December 2015 passed by the learned Member, MACT Niphad in MACP No.17/2011.

26th February 2022 6-CAF-2916-2016.DOC

3. Mr. Ketan Joshi, the learned Advocate appearing for the Applicant submitted that due to the difficulties which are set out in the Civil Application, delay of 58 days caused in filing the Appeal. He submitted that the reasons given are adequate and sufficient and therefore, the delay be condoned.

4. Mr. Akshay Bankapur, the learned Advocate appearing for the Respondents Nos. 1 to 5, i.e. original claimants submitted that the reasons set out in the Civil Application are not sufficient and therefore, Civil Application be rejected.

5. Perusal of the Civil Application shows that after obtaining opinion from the learned Advocate who has appeared in the matter, the same was forwarded to the Regional Office, Mumbai and the decision was taken to file the Appeal. The reasons for condonation of delay of 58 days are adequately set out in the Civil Application therefore, for the reasons set out in the Civil Application, the Civil Application is allowed in terms of prayer clause (a).

(Madhav J. Jamdar, J)

26th February 2022