The New India Assurance Company ... vs Bijaya Mandal
2023 Latest Caselaw 5451 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         MA No. 1942 of 2022
                                     (THE NEW INDIA ASSURANCE COMPANY LTD. Vs BIJAYA MANDAL AND OTHERS)

                           Dated : 01-04-2023
                                   Shri Ashish Kumar Vaidya - Advocate for the appellant.

                                   None for the respondents.

Heard on I.A.No.4841/2022, an application under section 5 of the Limitation Act for condonation of delay.

It is submitted by the counsel for the appellant that since certain

procedural formalities are required to be performed before filing of the appeal, therefore, the appeal could not be filed within the statutory period.

According to the office, the appeal is within the period of limitation in the light of the judgment passed by the Supreme Court on 10.01.2022 in the case of IN REF. COGNIZANCE FOR EXTENSION OF LIMITATION SUO MOTO WRIT PETITION (C) No. 3 of 2020.

Accordingly, I.A.No.4841/2022 is hereby allowed. The delay in filing the appeal is hereby condoned. As none appears for the respondents, therefore, list this case on

03.04.2023 at the top of the list for final hearing at motion stage.

(G.S. AHLUWALIA) JUDGE

TG /-

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 01-Apr-23 6:05:56 PM