The Oriental Assurance Co. Ltd. vs Sonam
2021 Latest Caselaw 3640 MP

                                   1
                                                          MA No.1516/2021

         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
          Miscellaneous Appeal No.1516/2021
Indore, Dated 26.07.2021
      Mr. Manoj Jain, learned counsel for the appellant / Insurance

Company.

      Heard on IA No.4411/2021, 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 180 days delay in filing the

present miscellaneous appeal.

      Looking to the reasons assigned in the application (which is

supported with affidavit of Shri Navin Jain s/o Shreemal Jain,

Competent Officer of the Insurance Company), sufficient cause is

made out to condone the delay in filing the appeal.

      Accordingly, IA No.4411/2021 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.

      Heard on the question of admission and IA No.4410/2021, an

application under Order 41 Rule 5 of CPC read with Section 151 of

the Code of Civil Procedure for stay.

      Issue notice on both counts to the respondents on payment of

MA No.1516/2021

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 2021.07.27 19:10:00 +05'30'