Bhuribai Subhash Pawara and Ors. vs The National Insurance Company, Divisional Office, Dhule and Anr. — Bombay HC (2025) — LawSathi Research

Bhuribai Subhash Pawara and Ors. vs The National Insurance Company, Divisional Office, Dhule and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 96 days in filing the appeal condoned; appeal to be registered subject to removal of office objections; stay application allowed in terms of prayer Clause (B) and disposed of; leave to correct prayer clauses; on registration, notice to respondents returnable on 27.02.2025; waiver of notice recorded for respondent Nos. 1 to 4/Original Claimants; record and proceedings called for.

Issue for consideration

Whether the delay of 96 days caused in filing the appeal should be condoned. +2 more

Court's answer

Delay of 96 days caused in filing the appeal stands condoned; the Civil Application is allowed and the appeal is to be registered subject to removal of office objections.

Ratio / Principle

Stay application allowed in terms of prayer Clause (B) and disposed of, the entire amount with interest as per the Tribunal award having been deposited with the registry; appeal to be registered.

Key takeaways

Leave granted to correct prayer clauses; the application for withdrawal to be heard at the time of hearing of the appeal, after receipt of record and proceedings.ratio¶15

Detailed headnote1 paragraphs

Interlocutory order dated 30.01.2025 delivered by S. G. Chapalgaonkar, J. (Bombay High Court, Aurangabad Bench) in Civil Application No. 391 of 2025 in FAST/10006/2024, with Civil Applications Nos. 3601 and 3602 of 2024 (Bhuribai Subhash Pawara and Ors v. The National Insurance Company, Divisional Office, Dhule and Anr): (1) delay of 96 days in filing the appeal condoned - delay occasioned on account of administrative reasons and the application not controverted by counter-affidavit; appeal to be registered subject to removal of office objections; (2) stay application allowed in terms of prayer Clause (B) and disposed of, the entire amount with interest as per the Tribunal award having been deposited with the registry; (3) leave granted to correct prayer clauses, the application for withdrawal to be heard at the time of hearing of the appeal after receipt of record and proceedings; (4) permission sought to delete deceased respondent No. 5, stated to be represented by respondent Nos. 1 to 4 (Original Claimants); (5) notice on registration returnable on 27.02.2025, service waived for respondent Nos. 1 to 4/Original Claimants; record and proceedings called for. No statutory provision or precedent engaged.

1

65ca391.25

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

65 CIVIL APPLICATION NO. 391 OF 2025

IN FAST/10006/2024 WITH

CIVIL APPLICATION NO. 3601 OF 2024 IN FAST/10006/2024 WITH

CIVIL APPLICATION NO. 3602 OF 2024 IN FAST/10006/2024

BHURIBAI SUBHASH PAWARA AND ORS VERSUS

THE NATIONAL INSURANCE COMPANY, DIVISIONAL OFFICE, DHULE AND ANR

Advocate for Applicants : Mrs. Sabahat Hifazatali Kazi Advocate for Respondent No.1 : Mr.Aniruddha S. Usmanpurkar

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 30.01.2025

PER COURT :-

ORDER ON APPLICATION FOR WITHDRAWAL :

Leave to correct prayer Clauses.

Application to be heard at the time of hearing of

appeal, after receipt of record and proceedings.

ORDER ON DELAY CONDONATION APPLICATION :

Heard Mr. Usmanpurkar, learned Advocate

2

65ca391.25

representing for applicant. He submits that deceased respondent No. 5 is represented by respondent Nos.1 to 4. Therefore, he seeks permission to delete respondent No. 5 as no case is against him.

4 Applicants seek condonation of delay of 96 days caused in filing appeal. Reasons in the application shows that delay occasioned on account of administrative reasons. The contents of the application are not controverted by filing affidavit to that effect. In that view of the matter, a case is made out to condone delay. Resultantly, Civil Application is allowed. Delay of 96 days caused in filing appeal stands condoned. Appeal be registered subject to removal of office objections.

ORDER ON STAY APPLICATION :

Mr. Usmanpurkar, learned Advocate for applicant submits that entire amount with interest as per award passed by the Tribunal has been deposited with the registry of this Court. In that view of the matter, application stands allowed in terms of prayer Clause (B) and is disposed off. Appeal be registered.

3 65ca391.25

On registration of appeal issue notice to

respondents, returnable on 27.02.2025.

Mrs. Kazi, waives service of notice for respondent Nos. 1 to 4/ Original Claimants.

Call for record and proceedings.

( S. G. CHAPALGAONKAR ) JUDGE

mahajansb/