New India Assurance Co. Ltd., Thr. ... vs Vasantrao S/O Laxman Wanmali And ...
2023 Latest Caselaw 9942 Bom

2023:BHC-NAG:14130
                                                        -1-                         24.CAF.4259.2019.odt



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

                         CIVIL APPLICATION (CAF) NO. 4259 OF 2019
                                           IN
                            FIRST APPEAL ST. NO. 23296 OF 2019
                                   The New Indian Assurance Co. Ltd.
                                                    Vs.
                                  Vasantrao S/o. Laxman Wanmali & Ors.
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        Office Notes, Office Memoranda of Coram,                      Court's or Judge's orders
        appearances, Court's orders of directions
        and Registrar's orders
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                               Mr. M.B. Joshi, Advocate for the Applicant/Appellant.
                               Mr. P.P. Pendke, Advocate for Respondent Nos.1 to 3.

                                          CORAM : G. A. SANAP, J.

DATED : 26th SEPTEMBER, 2023.

Heard learned advocates for the parties.

2. This is an application for condonation of 33 days delay caused in filing an appeal against the judgment and award dated 18th July, 2019. It is stated that on account of the administrative procedure to be followed before filing the appeal, the delay has been caused.

3. Learned advocate for respondent Nos.1 to 3 has no objection for condonation of delay.

4. Accordingly, the application is allowed. Delay of 33 days caused in filing the appeal, is condoned. However, in view of the facts and circumstances, the appellant shall pay costs of Rs.2,000/- (rupees two thousand only). The costs be paid to The High Court Gazetted Officers' Association, Nagpur, within two weeks from today. The appeal be registered.

5. The application stands disposed of, accordingly.

                                                               -2-                     24.CAF.4259.2019.odt


                                      FIRST APPEAL ST. NO. 23296 OF 2019

                                      6.         Heard.

7. Issue notice to the respondents.

8. Learned advocate Mr. P.P. Pendke waives service of notice on behalf of respondent Nos.1 to 3.

9. Notice to respondent No.4 is returnable within six weeks.

CIVIL APPLICATION (CAF) NO. 1413 OF 2023

10. Heard.

11. This is an application for withdrawal of the amount of compensation. The reasons have been stated in the application.

12. In view of the reasons stated in the application, the application is allowed. The respondent Nos.1 to 3 are allowed to withdraw 90% of the amount of compensation with accrued interest thereon, subject to furnishing usual undertaking.

13. The application stands disposed of, accordingly.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 27/09/2023 11:44:06