Madhya Pradesh High Court

Kashiram Kuswaha vs Uday Namdev on 9 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR

                                                           MA No. 5713 of 2022
                                             (KASHIRAM KUSWAHA Vs UDAY NAMDEV AND OTHERS)

                          Dated : 09-05-2024
                                  Shri Rajendra Yadav - Advocate for the appellant.
                                  Shri   Abhinav     Sunil     Khirdikar   -   Advocate     for   respondent

No.3/insurance company.

None for the respondent No.2 despite service of notice.

Appeal against respondent No.1 has already been dismissed as appellant

failed to take appropriate steps regarding furnishing correct address of respondent No.1 for service of notice upon him vide order dated 02.05.2024 of Registrar (J-I) of this Court.

Heard on I.A. No.14587/2022, an application under Section 5 of the Limitation Act for condonation of delay caused in presentation of present appeal.

As per office note, this appeal has been preferred after a delay of 48 days.

Learned counsel for the respondent No.3/Insurance Company has not opposed the prayer for condoning the delay.

For the reasons stated in the application which is duly supported by an affidavit of the appellant and non-opposition of counsel for respondent No.3/Insurance Company, I.A. No.14587 of 2022 is allowed. The delay caused in presentation of present appeal is hereby condoned.

Also heard on the question of admission. Record of the Claims Tribunal perused.

Prima facie, this appeal seems to be arguable, hence, admitted for hearing.

Learned counsel for the parties are heard finally. Judgment passed, signed and dated separately.

(DINESH KUMAR PALIWAL) JUDGE

@shish