United India Insurance Co.Ltd. vs Anis Kha
2021 Latest Caselaw 5130 MP

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                                                                                                        MA No.369/2021

                                                     High Court of Madhya Pradesh, Jabalpur
                                                                 Bench at Indore
                                                       Miscellaneous Appeal No.369/2021
                                            Indore, Dated 07.09.2021
                                                  Shri Anil Goyal, learned counsel for the appellant / Insurance

                                            Company.

                                                  Heard on IA No.966/2021, 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 Officer of the appellant / Insurance

                                            Company (Shri Riyaz Sheikh s/o Late Gulab Usman Sheikh),

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

                                                  Accordingly, IA No.966/2021 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.966/2021 stands disposed of.

                                                  Also heard on the question of admission and IA No.965/2021,

                                            an application under Order 41 Rule 5 & Section 151 of the Code of

                                            Civil Procedure, 1908 for stay of award.
Signature Not VerifiedDigitally signed by
  SAN                 RAMESH CHANDRA
                      PITHWE
                      Date: 2021.09.07
                      18:29:19 IST
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                                                                                                       MA No.369/2021

                                                   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

Signature Not Verified VerifiedDigitally Digitally signed by SAN RAMESH CHANDRA PITHWE Date: 2021.09.07 18:29:19 IST