Allowed

National Insurance Co. Thr Manager v. Devidas Raysing Jadhav and Ors.

Bombay HC14 Aug 2017CA/1456/2017

Case brief

AI extract

What is this about?

The High Court allowed an application by National Insurance Co. for condonation of a 26-day delay in filing an appeal against a Maharashtra Administrative Counselling Tribunal award, finding it attributable to unavoidable circumstances. The court also disposed of a pending application for stay on execution.

What did the court decide?

Condonation of 26 days delay in preferring first appeal and disposal of application for stay on execution and implementation of impugned judgment.

National Insurance Co. Thr Manager Vs Devidas Raysing… — Service and Employment | Bombay HC (2017)

¶1

1 ca-1456-17

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

41 CIVIL APPLICATION NO. 1456 OF 2017 IN FAST/36292/2016 WITH

¶4

CA/1457/2017 IN FAST/36292/2016

¶5

NATIONAL INSURANCE CO. THR MANAGER VERSUS

¶6

DEVIDAS RAYSING JADHAV AND ORS

¶7

Advocate for Applicant : Mr. Boinwar h/f Mr. S. N. Pagare Adv. For Respondent No. 4A to 4D : Mr. A.B. Jagtap, h/f Mr. V.D. Sapkal

¶8

CORAM : K.K. SONAWANE, J.

¶9

DATED : 14^th AUGUST, 2017.

¶10

Order :-

¶11

Heard learned counsel for applicant and learned counsel appearing for respondents No. 4-A to 4-D. Despite service of notice, none has caused appearance on behalf of respondents No.1 to 3.

¶12

The present application is filed seeking condonation of 26 days delay caused in preferring the first appeal against judgment and Award passed by the Member, MACT, Nandurbar in MACP No. 35 of 2010. According to learned counsel, the delay caused in preferring the appeal is not intentional or deliberate, but it caused due to unavoidable circumstances.

¶13

The learned counsel appearing on behalf of respondents No. 4-A to 4-D raised objection.

¶14

For the reasons stated in the application, I find it justifiable to extend one more opportunity to the applicant-appellant to ventilate the grievances in the Appellate Forum. Therefore, the application stands allowed in terms of prayer clause “B”. The delay of 26 days caused in

¶15

2 ca-1456-17

¶16

preferring the first appeal against judgment and Award passed by the Member, MACT, Nandurbar in MACP No. 35 of 2010 is hereby condoned. Registry to take requisite steps for further process.

¶17

In the light of above, civil application for condonation of delay stands allowed in aforesaid terms and disposed of accordingly.

¶18

6. On registering the appeal, the same is admitted .

¶19

Issue notice to respondents, returnable on 28-09-2017. Mr. Jagtap, learned counsel waives service for respondents No. 4-A to 4-D.

¶20

It has been contended that the applicant-appellant Insurance Company has already deposited amount of compensation awarded under the Award passed by learned Tribunal in this Court. Hence, no question for stay to the execution, operation and implementation of the impugned judgment and Award. Hence, application for stay deserves to be disposed. Accordingly, application for stay to the execution, operation and implementation of impugned Judgment and Award stands disposed of.

¶21

Sd/-

¶22

MTK

National Insurance Co. Thr Manager v. Devidas Raysing Jadhav and Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Co. Thr Manager v. Devidas Raysing Jadhav and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Enkey Castalleoy Ltd. Vs Vikram Changdeo Kalokhe and Another

The State of Maharashtra and Anr. Vs Kerba Babu Shinde Dead Thr Lrs Rajendra and Ors.

The State of Maharashtra and Anr. Vs Bibishan Manik Shinde

M/S. Premier Industries and Anr. Vs Latabai Mansingh Dongre and Ors.

Dnyaneshwar Baliram Chavan and Anr. Vs the State of Mah and Anr.

Executive Engineer, Jalna Minor Irrigation Division, Jalna Under G.M.I.D.C. and Others Vs Jijabhau Appa Kharat and Ors.