Disposed

National Insurance Company v. Neelam Verma

Himachal Pradesh HC27 Jun 2017CMP.M/937/2016

Case brief

AI extract

What is this about?

The court condoned an 11-day delay in filing an appeal under Section 5 of the Limitation Act. In a separate order, it admitted an appeal, issued notice, and stayed execution of a Motor Accident Claims Tribunal award pending deposit of the balance amount within six weeks.

What did the court decide?

Delay of 11 days in filing appeal condoned; appeal admitted; notice issued; execution of award stayed subject to deposit.

National Insurance Company Vs Neelam Verma — Execution and Attachment | Himachal Pradesh HC (2017)

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CMP.M No. 937 of 2016

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27.06.2017

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

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Mr. Sanjay Bhardwaj, Advocate, for respondents No. 1 to 3.

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Mr. Arvind Sharma, Advocate, for respondent No. 4.

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CMP(M) No. 937 of 2016

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The present application is maintained by the applicant/appellant under Section 5 of the Limitation Act, for condoning the delay of 11 days, in filing the appeal. As per the applicant, the delay of 11 days, has occurred, as copy of award alongwith whole case file was handed over to the learned counsel who has argued the case before learned Tribunal on 29^th April, 2016 and after receipt of the same, the matter was processed and file was sent to the Regional Office for seeking their opinion. Wherefrom the file was received back on 27.08.2016 and 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 applicant 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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Admit .

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Notice. Mr. Sanjay Bhardwaj, Advocate, appears and accepts service of notice on behalf of respondents No. 1 to 3 and Mr. Arvind Sharma, Advocate, on behalf of respondent No. 4. Reply, if any, be filed within six weeks. List thereafter.

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CMPST No. 24751 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 16.01.2016, passed by learned Motor Accident Claims Tribunal Shimla, H.P., in MAC No. 1-S/2 of 2014, will remain stayed, till further orders.

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FAO No.

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List alongwith FAO No. 238 of 2016, after six weeks .

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Copy dasti .

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(Chander Bhusan Barowalia) Judge

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27^th June, 2017 (raman)

National Insurance Company v. Neelam Verma

Case brief

What is this about?

What did the court decide?

National Insurance Company v. Neelam Verma

Case brief

What is this about?

What did the court decide?

What the court decided

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