This court condensed the delay of 57 days in filing a First Appeal to this court against an award of the Motor Accident Claims Tribunal. The application for condonation was allowed.
Condonation of the delay of 57 days in filing the appeal was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 947 OF 2009 IN FIRST APPEAL (ST) NO. 4233 OF 2009
The New India Assurance Co. Ltd. ...Applicants v/s. Kalpana Sarjerao Dhekane & ors. ...Respondents
Mr. S.S.Vidyarthi i/b. S.S.Vidyarthi for the applicants.
CORAM : B.H.MARLAPALLE & RAVI K.DESHPANDE, JJ.
APRIL 01, 2009
P.C.
| . | Heard | Mr.Vidyarthi, learned cou | nsel for | the | ||
|---|---|---|---|---|---|---|
| applicant | w | ho has filed |
First Appeal |
Stamp | No. | |
| 4233/200 | 9 but belated | ly. Hence, this application | for | |||
| condonati | on of delay. | |||||
| 2. | As per th | e office note, the appeal is b | eyond t | ime | ||
| by | 57 | days. By our |
order | dated 26/02/2 |
009 notice |
was |
| issued | to | the respondents |
and | it was |
made | returnable |
| after | six | weeks. Affi |
davit | of service |
alongwith | the |
| acknowle | dgment | receipts | filed | with | the | Registry |
| indicates none appe |
that the claim ars for them. |
ants have been served and | still |
2
| application | for | certifi | ed true |
copy was |
sub | mitted | on |
|---|---|---|---|---|---|---|---|
| 1/09/2008 | and it |
was | made |
available on |
20/09/2 | 008. | The |
| applicant | received | the | opinion | of the |
local | Advoca | te in |
| September | 2008 advisin |
g | to file |
an appeal |
and | the | Office |
| at Ko |
lhapur had |
forwarded | the relevant |
papers | on | or | |
| about | 17/11/2008. | After | obtaining legal |
op | inion | and | |
| sanction, | appeal | has | been | filed. We |
are, | therefore, | |
| satisfied | that | there | is n |
o inordinate |
delay | in | filing |
the appeal and the delay caused of 57 days deserves to
be condoned.
prayer clause (a).
(RAVI K.DESHPANDE, J)
(B.H.MARLAPALLE,J.)
2 issues framed by the court
Whether the delay of 57 days in filing a first appeal to this court is required to be condoned.
Whether there was inordinate delay in filing the appeal under the first appeal statute.
The New India Assurance Co. Ltd.
Kalpana Sarjerao Dhekane & ors.
B.H.MARLAPALLE
RAVI K.DESHPANDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
