Allowed

The New India Assurance Co. Ltd. v. Sunanda Ravindra Jawale Thr Her Next Friend and Husband Ravindra Bhagwat Jawale and Ors.

Bombay HC30 Jan 2021CA/41/2017

Case brief

AI extract

What is this about?

This allowed single-paragraph order condones a 26-day delay in filing a first appeal by the New India Assurance Company. The court accepted reasons regarding internal office procedures and prior notice service, dismissing the matter and remanding the appeal for listing.

What did the court decide?

Delay of 26 days condoned; First Appeal registered; Civil Application disposed of; Notice issued to respondents.

The New India Assurance Co. Ltd. Vs Sunanda… — Civil Procedure and Limitation | Bombay HC (2021)

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926- C.A. No. 41-2017.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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926 CIVIL APPLICATION NO.41 OF 2017 IN FAST/37184/2016

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THE NEW INDIA ASSURANCE CO. LTD. ..APPLICANT VERSUS SUNANDA RAVINDRA JAWALE THR HER NEXT FRIEND AND HUSBAND RAVINDRA BHAGWAT JAWALE AND ORS ..RESPONDENTS

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...

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Advocate for Applicant : Mr. S. R. Bodade Advocate for respondent No.2 : Mr. Shaikh Mohammad

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Naseer (Absent)

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....

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CORAM :Abhay Ahuja J. DATE :30.01.2021.

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PER COURT :-

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Heard.

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Learned Advocate Mr. S.R. Bodade, submits that there

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being a delay of only 26 days in fling of the appeal, delay may be condoned in view of the explanation given in paragraphs No. 6 to 9.

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Also it is noted from the record that notices have been served.

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On 25.01.2021, when this matter was called out, the following order was passed :

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'' Shri. S. N. Boiwar, learned Counsel is holding for Shri. S. R. Bodade, Advocate for the applicant. Nobody turned up on behalf of the respondents No.2 & 3. Thus, matter stands adjourned to 29th January, 2021.''

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926- C.A. No. 41-2017.odt

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Today, also when the matter is called out, none appears for any of the respondents. It appears that the respondents are not serious about opposing the application for condonation of delay in the matter.

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Paragraphs 6 to 9 of the application for the sake of convenience are reproduced as under

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''6. The applicant company submits that the impugned Award passed by the learned Tribunal in M.A.C.P. No. 63/2013 is dated 22.07.2016. The applicant company applied for certifed copy of the impugned Award on 29.07.2016, copies delivered on 20.08.2016. After receipt of copies dealing Advocate of the applicant company given his opinion on 01.09.2016 which received to the Divisional Ofce of the applicant company at Jalgaon, on 02.09.2016.

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7. The applicant company submits that thereafter

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the Divisional Ofce of the applicant company at Jalgaon prepared recommendation note for approval by Regional Manager, Regional Ofce Nagpur to prefer appeal. Thereafter, forwarded fle on 18.10. 2016 to Regional Ofce Nagpur for sanction to

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926- C.A. No. 41-2017.odt

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prefer appeal. After receiving the same, the Regional Ofce Nagpur prepared notes and Regional Ofce Nagpur granted permission dated 18.10.2016 to prefer First Appeal before this Hon'ble High Court. As such, fle was in transit till 23.10.2016. On 24.10.2016 the ofce of applicant Company handed over fle to its Panel Advocate for fling appeal. Advocate of the applicant company immediately intimated to arrange statutory deposit, court fees. etc. ''

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The applicant submits that for following ofcial formalities and procedure as stated above the delay of (26) days caused to fle present First Appeal before this Hon'ble High Court. As such, the delay caused to prefer appeal, is neither intentional nor deliberate one, but it is procedural one and in the interest of justice the same deserves to be condoned.

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The applicant company submits that, valuable rights of the applicant company are involved in the present matter. If the delay has not been condoned, then the applicant company would sufer irreparable losses, injustice and injury to its rights.''

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926- C.A. No. 41-2017.odt

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After perusing the aforesaid reasons and after considering the submissions made on behalf of the applicant, this Court is satisfed that there is sufcient cause shown for condoning the delay in the matter. This Court accordingly condones the delay of 26 days.

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Registry to register the First Appeal.

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Civil Application is accordingly disposed of.

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Issue notice to the respondents in the First Appeal returnable on 01.03.2021.

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Learned counsel for the applicant undertakes to serve the fnally registered Appeal upon the respondents by any legally acceptable private mode of service and fle afdavit of service along with tangible proof to that efect before the returnable date.

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List the matter on 01.03.2021.

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(ABHAY AHUJA, J.)

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Yogesh/

The New India Assurance Co. Ltd. v. Sunanda Ravindra Jawale Thr Her Next Friend and Husband Ravindra Bhagwat Jawale and Ors.

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Sunanda Ravindra Jawale Thr Her Next Friend and Husband Ravindra Bhagwat Jawale and Ors.

Case brief

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What did the court decide?

What the court decided

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