The Bombay High Court, Coram Abhay Ahuja, J., granted a stay on a First Appeal filed by The Oriental Insurance Company Ltd. by condoning a 48-day delay. The application was disposed of without adjudicating merits.
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.
5-CAF-1172-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1172 OF 2017
IN
FIRST APPEAL (ST) NO.3742 OF 2017
WITH
FIRST APPEAL (ST) NO.3742 OF 2017
THE ORIENTAL INSURANCE COMPANY LTD.)...APPLICANT
V/s.
SHRI.BIRBAL GUDADJI SURVASIYA & ANR. )...RESPONDENTS
WITH
CIVIL APPLICATION NO.6 OF 2021
AND
CIVIL APPLICATION NO.1173 OF 2017
IN
FIRST APPEAL (ST) NO.3742 OF 2017
Ms.Aishwarya Lad a/w. Ms.Anisha Didwania i/b. NDB Law,
Advocate for the Appellant.
Ms.Varsha Chavan, Advocate for the Respondent No.1 / Applicant
in Civil Application.
CORAM:ABHAY AHUJA, J.
DATE:13th JUNE 2023
avk 1/2
5-CAF-1172-2017.doc
P.C.:
1.This is an application seeking condonation of delay of 48
days in preferring Appeal against the judgment and award dated
22nd July 2016 passed by the Motor Accident Claims Tribunal,
Mumbai, in Claim Application No.1382 of 2010. Learned Counsel
for the Applicant draws the attention of this Court to paragraphs 2
to 4 of the application in support of her contention to condone the
delay. Ms.Varsha Chavan, learned Counsel for Respondents-
claimants has no particular objection, if the delay is condoned.
2. Having heard the learned Counsel and having perused the application, let the delay of 48 days be condoned. Let the First Appeal be registered.
3. The Application stands disposed.
FIRST APPEAL (ST) NO.3742 OF 2017
1. List the First Appeal for ‘Admission’ on 21st July 2023 .
(ABHAY AHUJA, J.)
avk 2/2
2 issues framed by the court
Whether to condone a delay of 48 days in filing a First Appeal against a Motor Accident Claims Tribunal award.
Whether the First Appeal was to be registered.
1 provisions across 1 enactments
The Oriental Insurance Company Ltd.
Shri Birbal Gudadji Survasiya & Anr.
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court