National Insurance Co. Ltd. ... vs Prashant Kumar & Ors
2023 Latest Caselaw 8 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           MA No. 46 of 2020

              National Insurance Co. Ltd. Ranchi
                                     .........     Appellant

                                    Versus

             Prashant Kumar & Ors.            .........      Respondents

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellant : Mr. Amresh Kumar, Adv. For the Respondents : Mr. Sachin Mahato, Adv.

05 / 02.01.2023 I.A. No. 2478 of 2020 Heard the parties.

Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to condone the delay of 01 day in filing this appeal. It is further submitted that the after passing the impugned judgment and award, learned counsel for the appellant who was appearing before learned tribunal, sent the file to the local office and thereafter, the file was sent to the regional office for obtaining opinion, which resulted in delay in filing the appeal . It is then submitted that the appellant has very good grounds to agitate in this appeal and unless the delay is condoned, the appellant will be highly prejudiced.

Considering the aforesaid facts and circumstances of the case, the delay in filing the second appeal is condoned.

This interlocutory application is disposed of

accordingly.

(ANIL KUMAR CHOUDHARY, J.) MA No. 46 of 2020 This appeal will be heard.

Admit.

Call for the Lower Court Records. Learned counsel, Mr. Sachin Mahato receives notice on behalf of respondent no. 2 and 3.

Issue notice to the respondent no. 1. The appellant is directed to file requisites of notice through both processes i.e. under registered post with A/D as well as through ordinary process within three weeks, failing which, this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal under the heading 'for hearing' after receipt of the service report of the notice issued to said respondent.

(ANIL KUMAR CHOUDHARY, J.) Smita/-