Allowed

Icici Lombard General Insurance Company Ltd. v. Anita Devi

Himachal Pradesh HC14 Jun 2017CMP.M/1885/2016

Case brief

AI extract

What is this about?

The Court condoned a 40-day delay in filing an appeal under Section 5 of the Limitation Act. It also noted the registration of the appeal, issued notices, and stayed the execution of the award pending deposit of the balance amount.

What did the court decide?

The delay in filing the appeal was condoned. The execution of the award was stayed pending deposit of the balance amount.

Icici Lombard General Insurance Company… — Execution and Attachment | Himachal Pradesh HC (2017)

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14.06.2017

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CMP(M) No. 1885 of 2016

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Present: Mr. Jagdish Thakur, Advocate, for the applicant/appellant.

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Mr. Surinder Saklani, Advocate, for respondents No. 1 to 3.

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None for respondent No. 4.

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CMP(M) No. 1885 of 2016

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The present application is maintained by the applicant under Section 5 of the Limitation Act, for condoning the delay of 40 days, in filing the appeal. As per the applicant, the delay of 40 days, has occurred, as the copy of award applied by the counsel on 26.04.2016, which was received on 27.05.2016 and after receiving the same, the matter was submitted before Office of the applicant company for their opinion, wherein it was found that learned counsel has not sent the copy of statement of witnesses alongwith the documents, which were exhibited as exhibits and after furnishing full details the matter was processed and competent authority after his opinion sent back the file. Thereafter the application was filed without any further delay. The application is duly supported with an affidavit. No reply to the application has been filed.

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Heard. Taking into consideration the fact that the delay, as occurred, has been sufficiently explained and it was not within the control of the applicants for the reasons stated in the application, each days delay has been explained for the reasons given in the application and as stated hereinabove, so the delay in filing the appeal is required to be condoned and is accordingly condoned. The application stands disposed of.

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FAO No.

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Appeal be registered.

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Notice. Mr. Surinder Saklani, Advocate, appears and accepts service of notice on behalf of respondents No. 1 to 3. Issue separate notice to respondent No. 4 returnable within five weeks, on taking steps within a week. List thereafter. Reply, if any, may also be filed in the meantime.

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CMPST No. 28891 of 2016

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Application be registered.

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Notice in the aforesaid terms.

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Heard. Subject to the applicant’s depositing the balance award amount within a period of six weeks, operation and execution of the award, dated 25.04.2016, passed by learned Motor Accident Claims Tribunal-III, Mandi, H.P., in Claim Petition No. 51/14/13, will remain stayed, till next date of hearing.

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Copy dasti .

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(Chander Bhusan Barowalia) Judge 14^th June, 2017 (raman)

Icici Lombard General Insurance Company Ltd. v. Anita Devi

Case brief

What is this about?

What did the court decide?

Icici Lombard General Insurance Company Ltd. v. Anita Devi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

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