Bajaj Allianz General Insurance ... vs Dhirendra Mandal @ Dhiren Mandal
2021 Latest Caselaw 1753 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         [Civil Miscellaneous Appellate Jurisdiction]
                                M.A. No. 267 of 2018
             Bajaj Allianz General Insurance Co. Ltd. .... .. ...            Appellant(s)
                                         Versus
             1.Dhirendra Mandal @ Dhiren Mandal
             2.Avinash Kumar                                      .. ... ... Respondent(s)
                              ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :-Video Conferencing) .........

For the Appellant(s) : Mr. Alok Lal, Advocate.

Mr. Santosh Kumar, Advocate For the Resp. No.1 : Mr. Rajiv Kr. Karn, Advocate ..........

05 / 09.04.2021. Heard, learned counsel for the appellant, Mr. Alok Lal and Mr. Rajiv Kr. Karn, learned counsel for the claimant/ Resp. No.1.

Learned counsel for the appellant has submitted that the appeal has been preferred with delay of 52 days and for condonation of the same, I.A. No.4381/2018 has been preferred.

Learned counsel for the appellant in support of his submission is relying upon the judgment passed by the Apex Court in the case of Anil and Ors. Vs. New India Insurance Company Limited & Ors., reported in (2018) 2 SCC 482.

Learned counsel for the claimant, Mr. Rajiv Kumar Karn has submitted that he has filed an interlocutory application for release of awasrded amount vide I.A. No.775/2020.

Learned counsel for the claimant has further submitted that he has not filed any counter affidavit in I.A. No.4381/2018 [filed for condonation of delay].

Considering the same, delay of 52 days in preferring the instant Misc. Appeal is hereby condoned.

I.A. No.4381/2018 is allowed.

Since the matters relates to injured- claimant, as such, this appeal shall also be heard along with other miscellaneous appeal having similar issue.

List this appeal along with other Misc. Appeals having similar issue are to be listed and on the same date, I.A. no.775/2020 shall be heard.

(Kailash Prasad Deo, J.) Sandeep/