On an application for condonation of delay in filing a first appeal, the court observed that the applicant company failed to adhere to internal timelines. Delay was condoned subject to the payment of costs as a condition precedent.
Condonation of delay subject to payment of costs of Rs.15,000 as a condition precedent.
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.
1 CAF No.1936/08
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1936 of 2008
IN
FIRST APPEAL St.No.8412 of 2008
New India Assurance Co.Ltd. ... Applicant versus Vithabai Ananda Kamble ... Respondent
Mr. S.M.Vidyarthi for the applicant
Mr. S.G.Thorat for respondent nos.1 to 3.
CORAM : D.G. KARNIK, J
DATED : 27th January 2011.
P.C.
2 CAF No.1936/08
appeal has been filed on 1 March 2008. In my view, the reasons given for the delay between first week of December 2008 to 31 March 2008 show lack of proper promptitude. The only ground is that papers were required to be forwarded from Pune Regional Office to Mumbai Regional office. As the statute provides period of limitation of 90 days of filing of an appeal, the applicant must tighten up its internal procedure to ensure that internal sanctions are obtained within the statutory period and the appeal is filed in time. In almost every appeal filed on behalf of the applicant Insurance Company, it is noticed that the appeal is filed after expiry of limitation and the only grounds given for condonation of delay is delay in transferring of papers from one office to another and taking of administrative decisions in filing of an appeal.
(D.G.KARNIK, J)
2 issues framed by the court
Whether to condone the delay in filing the first appeal regarding limitation period.
Whether internal procedural delays of an insurance company are sufficient grounds for condonation of delay.
New India Assurance Co.Ltd.
Vithabai Ananda Kamble
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
