Ramu S/O Vithoba Patle (Since Deceased) ... vs Reliance General Insurance Co. Ltd., ...
2024 Latest Caselaw 1931 Bom

Bombay High Court

Ramu S/O Vithoba Patle (Since Deceased) ... vs Reliance General Insurance Co. Ltd., ... on 23 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:981
                                                         -1-                         25.CAF.682.2020.odt



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

                          CIVIL APPLICATION (CAF) NO. 682 OF 2020
                                            IN
                             FIRST APPEAL ST. NO. 2639 OF 2020
                                Ramu S/o. Vithoba Patle (Dead) thr. L.R.
                                                   Vs.
                           Reliance General Insurance Co. Ltd., Nagpur & Anr.
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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
        **********************************************************************************************
                               Mr. S.B. Dhande, Advocate for the Appellant.
                               Mr. H.N. Verma, Advocate for Respondent No.1.

                                          CORAM : G. A. SANAP, J.

DATED : 23rd JANUARY, 2024.

. Heard the learned advocates for the appellant and respondent No.1. Respondent No.2 though served has failed to appear before this Court.

2. This is an application for condonation of 77 days delay caused in filing the appeal against the impugned judgment and order dated 28.08.2019, passed by the learned Commissioner under the Employee's Compensation Act, 1923.

3. It is stated that due to poor financial condition of the appellant, he could not file the appeal within time. The claim was filed for recovery of compensation with regard to the injuries sustained by the original claimant in the course of his employment.

4. On going through the application, I do not see any reason to discard and disbelieve the reasons put-forth in the application. Accordingly, the application is allowed. Delay of 77

-2- 25.CAF.682.2020.odt

days caused in filing the appeal, is condoned.

5. The appeal be registered.

6. The application stands disposed of, accordingly.

FIRST APPEAL ST. NO. 2639 OF 2020

7. Learned advocate Mr. H.N. Verma waives service of notice on behalf of respondent No.1.

8. Issue fresh notice to respondent No.2 for final hearing at the admission stage.

9. Call for record and proceedings.

10. Stand over after four weeks.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 24/01/2024 20:01:59