National Insurance Co.Ltd. vs Shakuntla Bai Nahal (Mankar)
2021 Latest Caselaw 4442 MP

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                                                             MA No.1560/2021

         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
          Miscellaneous Appeal No.1560/2021
Indore, Dated 17.08.2021
      Shri Anil Goyal, learned counsel for the appellant / Insurance

Company.

      Heard on IA No.4550/2021, an application under Section 5 of

the Limitation Act, 1963 read with Order 41 Rule 3-A of the Code of

Civil Procedure, 1908 for condonation of delay in filing the present

miscellaneous appeal.

      Looking to the reasons assigned in the application (which is

supported with affidavit of counsel for the appellant / Insurance

Company (Shri Anil Kumar s/o Balmukund Goyal,), sufficient cause

is made out to condone the delay in filing the appeal.

      Accordingly, IA No.4550/2021 stands allowed; and delay, if

any, in filing the present appeal is hereby condoned.

      However, as per office report, the present miscellaneous

appeal is well within the prescribed period of limitation on account

of COVID Relaxation, in the light of judgment of the Hon'ble

Supreme Court.

      Accordingly, IA No.4550/2021 stands disposed of.

      Also   heard    on   the   question   of   admission     and      IA

No.5423/2021, an application under Order 41 Rule 5 & Section 151

of the Code of Civil Procedure, 1908 for stay of award.
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                                                                                  MA No.1560/2021

                               Issue notice on both counts to the respondents on payment of

process fee within a period of one week, returnable within a further

period of six weeks.

Let record of the case from the concerned Claims Tribunal be

requisitioned.

Subject to deposit of 50% of award amount before the

concerned MACT, the effect and operation of the impugned award

shall remain stayed till the next date of hearing.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.08.17 16:59:22 +05'30'