Icici Lombard General Insurance ... vs Bhagirah Mahto And Others
2021 Latest Caselaw 3918 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            M. A. No. 407 of 2014

ICICI Lombard General Insurance Company Limited ... .... Appellant
                                Versus
Bhagirah Mahto and others                  ....   ....   Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellant : Mr. Saurabh Kumar, Advocate For the Respondents : Mr. Kamdeo Pandey, Advocate

Oral Order 06 / Dated : 20.10.2021

I.A. No. 347 of 2015

I.A. No. 347 of 2015 has been filed on behalf of the appellant

under Section 5 of the Limitation Act for condoning the delay of 36 days

in filing the present appeal.

It is submitted on behalf of the appellant that the impugned

Award was passed on 23rd May, 2014 by the learned court below but the

copy of the order-sheet was never forwarded to the appellant-Company

and as such the appellant-Company had no information regarding passing

of the impugned judgment. However, having come to know about the

same, the concerned officers of the appellant-Company immediately

contacted their lawyer who was conducting the case and obtained a copy

of the judgment and after taking proper advice, decided to prefer appeal.

Though Vakalatnama has been filed on behalf of respondent

nos. 1 to 3 and notice has been issued in the limitation matter as well as in

the main appeal upon the respondents vide order dated 03.05.2018, neither

any rejoinder to the limitation petition has been filed nor any one has

appeared to oppose the prayer for condonation of delay.

In view of the aforesaid fact and considering the grounds as

stated in this interlocutory application, the delay of 36 days in filing the present appeal is hereby condoned.

I.A. No. 347 of 2015 is thus, allowed.

M. A. No. 407 of 2014

List this matter after four weeks under the heading "For

Admission".

(Gautam Kumar Choudhary, J.) AKT