The Oriental Insurance Company ... vs Vikramsinh Tukadsinh
2021 Latest Caselaw 3861 Guj

          C/CA/629/2021                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CIVIL APPLICATION NO. 629 of 2021

                   In F/FIRST APPEAL NO. 29329 of 2020

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               THE ORIENTAL INSURANCE COMPANY LTD
                               Versus
                      VIKRAMSINH TUKADSINH
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Appearance:
MR MAULIK J SHELAT(2500) for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 05/03/2021
                              ORAL ORDER

1. Heard learned Advocate Mr. Maulik J. Shelat for the applicant.

2. By way of this application the applicant prays for condoning the delay of 10 days in filing the captioned First Appeal against the judgment and award dated 31.12.2019 passed by the Workmen Compensation Commissioner, Labour Court No.3, Rajkot in W.C. Fatal No. 12 of 2010.

3. Learned Advocate Mr. Maulik Shelat submits that originally the learned Commissioner had passed the judgment and award dated 31.12.2019 and whereas upon an application filed by the Insurance Company, the said judgment and award has been modified vide order dated 24.02.2020. It is submitted by the learned Advocate Mr. Shelat that the original judgment and award dated 31.12.2019 has merged in the later judgment and award dated 24.02.2020 and considering the date of 24.02.2020 there is no delay in filing the captioned First Appeal and hence he submits that this Court either condone the delay of 10 days or hold that there is no delay in filing the captioned First Appeal.

C/CA/629/2021 ORDER

4. Learned Advocate Mr. Shelat has relied upon the order of the Division Bench of this Court dated 27.03.2017 passed in Civil Application No. 4050 of 2017 in First Appeal (Stamp Number) No. 452 of 2017 as well as the decision of the Supreme Court in case of DSR Steel (Private) Limited v. State of Rajasthan and others reported in (2012) 6 SCC

782. Considering the same, issue Rule returnable on 23.04.2021.

Applicant is permitted to served the respondent Nos. 1 and 2 through Registered Post AD.

(NIKHIL S. KARIEL,J) BDSONGARA