Abhimanyu Kumar vs National Insurance Company Limited & ...
2024 Latest Caselaw 475 Jhar

Jharkhand High Court

Abhimanyu Kumar vs National Insurance Company Limited & ... on 16 January, 2024

Author: Subhash Chand

Bench: Subhash Chand

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             M.A. No. 761 of 2017

Abhimanyu Kumar                                        ..... ......      Appellant
                                Versus
National Insurance Company Limited & Ors. .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Appellant : Mr. S.K. Sharma, Advocate For the Respondent No.1 : Mr. Yogendra Prasad, Advocate

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Order No.09 /Dated: 16th January, 2024 I.A. No.10028 of 2017

1. The instant Interlocutory Application has been preferred for condonation of delay of 153 days in preferring this Miscellaneous Appeal while as per the stamp report, there is delay of 156 days in preferring this appeal.

2. The ground is shown at paragraph No.4 of the said Interlocutory Application that the appellant came to know in regard to the judgment on 08.12.2017 when he received the notice in regard to appearance in Execution Case No.4 of 2017. Thereafter the appellant immediately contacted his counsel and obtained certified copy of the judgment and the appeal was preferred. The delay is not willful.

3. Learned counsel for the respondent No.1/ Insurance Company opposed the contentions made by the learned counsel for the appellant.

4. The ground shown in this Interlocutory Application is supported with the affidavit, the same being uncontroverted, cannot be disbelieved. As such, the ground shown for delay in preferring this appeal is found sufficient.

5. Accordingly, the delay of 156 days in preferring this Miscellaneous Appeal is condoned and I.A. No.10028 of 2017 stands disposed of.

6. It appears from the record that the Lower Court Records has already been received.

7. List this case on 06.02.2017.

(Subhash Chand, J.) Madhav/-