Hdfc General Insurance Co. Ltd., ... vs Priya Wd/O Brajkishor Sharma And ...
2023 Latest Caselaw 8549 Bom

2023:BHC-NAG:12556


                                                             1               39.caf.1765.2018

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                           CIVIL APPLICATION (CAF) NO.1765 OF 2018
                                                  IN
                             FIRST APPEAL (ST.) NO. 11340 OF 2018
                             H.D.F.C. General Insurance Co. Ltd., Nagpur
                                                 VS.
                                Priya Wd/o. Brajkishor Sharma and ors.
         _______________________________________________________________
        Office Notes, Office Memoranda of Coram,
        appearances, Court's orders of directions Court's or Judge's orders.
        and Registrar's Orders.
                     Mr Amit Kukday, Advocate for the appellant
                     Mr D. G. Paunikar, Advocate for respondent Nos.1 to 3


                                       CORAM : G.A. SANAP, J.

DATE : AUGUST 22, 2023.

Heard.

2. This is an application for condonation of 305 days delay caused in filing appeal against impugned judgment and award dated 05.04.2017 passed by the Member, MACT No.2, Nagpur. The reasons have been stated in the application. The record reveals that out of the deposited amount, the amount of Rs.14,76,729/- (Rs. Fourteen Lacs Seventy Six Thousand Seven Hundred and Twenty Nine only) has been withdrawn by respondent Nos. 1 to 3. Learned Advocate for respondent Nos. 1 to 3 submits that if the delay is condoned then by way of condition the 2 39.caf.1765.2018

respondents may be allowed to withdraw the remaining amount.

3. On going through the record and proceedings I am of the view that the appellant needs to be granted an opportunity. Therefore, the delay needs to be condoned. Accordingly the application is allowed.

4. The delay of 305 days caused in filling the appeal stands condoned.

5. The respondent Nos. 1 to 3 are allowed to withdraw Rs.10,00,000/- (Rs. Ten lacs only). Similarly, the respondents are granted liberty to apply for withdrawal of amount after registration of the appeal.

6. The appeal be registered.

7. The application stands disposed of, accordingly.

(G. A. SANAP, J.)

Namrata

Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 24/08/2023 10:28:20