Disposed

National Insurance Company v. Sarni

Himachal Pradesh HC4 Sept 2017CMP.M/664/2017

Case brief

AI extract

What is this about?

The court condoned a 24-day delay in filing an appeal due to sufficient reasons involving file transmission. It registered the appeal and stayed the execution of the Tribunal's award of 26.12.2016 until the balance amount was deposited or further orders.

What did the court decide?

Delay of 24 days condoned; appeal registered; execution of award dated 26.12.2016 stayed subject to deposit of balance amount within six weeks.

National Insurance Company Vs Sarni — Labour and Industrial Disputes | Himachal Pradesh HC (2017)

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CMP(M) No. 664 of 2017

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04.09.2017 Present:

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Mr. Anil Tomar, Advocate, for the applicant/appellant.

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Mr. V.S. Rathore, Advocate, for respondents No. 1 to 3 & 5.

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Mr. Basant Thakur, Advocate, vice Mr. Yashveer Singh Rathore, Advocate, for respondent No. 4.

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CMP(M) No. 664 of 2017

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The present application is maintained by the applicant, under Section 5 of the Limitation Act, for condoning the delay of 24 days in filing the appeal. As per the applicant, certified copy of the impugned award was received by the counsel for the applicant on 03.03.2017, thereafter the same was forwarded to the Divisional Office, which was received on 15.03.2017, wherefrom the file was forwarded to the Regional Office, Chandigarh, for obtaining permission and after obtaining the permission from Divisional Officer, the appeal was filed without any further delay. The application is duly supported with an affidavit. No reply to the application was filed.

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Heard. At this time, taking into consideration the fact that the delay in filing the appeal has been duly explained, which is for the sufficient reasons, as mentioned hereinabove and in para 3 of the application, thus the delay is required to be condone, as it was beyond the

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control of the applicant. Accordingly, for the reasons given in the application, the delay of 24 days in filing the appeal is condoned. The application stands disposed of.

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FAO No. of 2017

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Appeal be registered.

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CMPST No. 23738 of 2017

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Application be registered.

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At this time, taking into consideration the fact that

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as the appeal is pending adjudication, it is ordered that subject to the deposit of balance amount within a period of six weeks, the execution of the award, dated 26.12.2016, passed by the learned Tribunal below, will remain stayed, till next date of hearing. Reply, if any, may also be filed in the meantime.

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Copy dasti.

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(Chander Bhusan Barowalia) Judge

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4^th September, 2017 (raman)

National Insurance Company v. Sarni

Case brief

What is this about?

What did the court decide?

National Insurance Company v. Sarni

Case brief

What is this about?

What did the court decide?

What the court decided

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