Bombay High Court
The New India Assurance Co. Ltd vs Mamta Pawan Gola And Ors on 29 November, 2022
Bench: R. I. Chagla
35-1-IA-19588-22.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 19588 OF 2022
IN
FIRST APPEAL (ST) NO. 25091 OF 2022
The New India Assurance Co.Ltd. ...Applicant
Versus
Smt. Mamta Pawan Gola & Ors. ...Respondents
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Ms. Shraddha Chheda i/by Navdeep Vora & Associates for the
Applicant.
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CORAM : R.I. CHAGLA J
DATE : 29 November 2022
ORDER :
1. Heard learned Advocate appearing for the Applicant.
2. Respondent Nos. 1 and 2 have been served with the
Interim Application. Service of envelop (containing papers and
proceedings) upon the Respondent Nos. 3 and 4 have been returned
with remark "Unclaimed". Interim Application has been filed for
condonation of delay of 30 days in filing the Appeal against judgment
35-1-IA-19588-22.doc
and order dated 13th April 2022 passed by the Member of Motor
Accident Claims Tribunal, Mumbai and for the Appeal to be heard in
merits.
3. The Applicant has stated that the certified copy of the
impugned judgment and order dated 13th April 2022, which was
applied on 4th May 2022, was ready on 28th June 2022 and
delivered to the Advocate for the Applicant on 30th June 2022. The
Applicant has further stated that there was delay in filing the First
Appeal, in view of the Advocate conveying the decision and
furnishing certified copy of the award and judgment on 1st July
2022. Thereafter, the matter had to be placed before the Competent
Authority through various departments for seeking instructions and
decision to challenge the impugned judgment and order which was
thereafter, taken and conveyed to the Attorneys by the Applicant and
Court fees took time to process.
4. The Applicant has stated that the First Appeal challenges
the impugned judgment and order on various grounds and in view
thereof, it took time to prepare the Memo of Appeal, particularly,
considering that the Applicant is a public body and decision making
35-1-IA-19588-22.doc
took time. Accordingly, present Interim Application is taken out for
condonation of delay in filing the First Appeal.
5. Having considered the averments in Interim Application
which have been referred to above as well as taking note of the fact
that the Applicant/Appellant had to take instructions and decisions
being a public body for approval of the Appeal Memo to be filed as
well as processing Court fees, satisfactory explanation has been
given in the Interim Application for the delay. Hence, relief sought for
in the Interim Application is required to be allowed and following
order is passed.:-
(i) Delay of 30 days in filing the Interim Application
against the impugned judgment and order dated 13th
April 2022 passed by the Member of Motor Accident
Claims Tribunal, Mumbai is condoned.
(ii) Interim Application is accordingly, disposed of.
[R.I. CHAGLA J.]
