M/S. United India Insurance ... vs Sunita Devi & Ors
2023 Latest Caselaw 763 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 M.A. No. 76 of 2019
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M/s. United India Insurance Company Limited, Ranchi .... .... .... Appellant Versus Sunita Devi & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Manish Kumar, Advocate For the Respondents : Mr. Gaurav Kumar, Advocate

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Order No.07 Dated- 13.02.2023 I.A. No.1675 of 2019 This interlocutory application has been filed with a prayer to condone the delay of 37 days in filing this appeal.

It is submitted by the learned counsel for the appellant that the conducting lawyer of the appellant obtained certified copy of the impugned judgment and award and submitted to its Divisional Office at Dhanbad and thereafter, the file was forwarded to Regional office and from there, the file was sent to its Divisional office at Ranchi which consumed some time and the same resulted in delay in filing the appeal. It is further submitted by the learned counsel for the appellant that the appellant has very good grounds to agitate in this appeal and the delay was neither intentional nor deliberate and unless the delay of 37 days is condoned, the appellant will be highly prejudiced.

Considering the aforesaid facts, the delay of 37 days in filing this appeal is condoned.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) M.A. No. 76 of 2019 Heard the parties.

Perusal of the record reveals that the respondent no.2 has died on 18.11.2021 but no prayer for substitution has been made as yet.

Hence, this appeal abates against the respondent no.2.

This appeal will be heard.

Admit.

Call for the Lower Court Records.

Issue notice to the respondent nos.1 and 3. The appellant is directed to file requisites for service of notice on the respondent nos.1 and 3 by registered post with A/D as well as under ordinary process within two weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to the respondent nos.1 and 3.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)