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Delhi High Court - Orders

Deepak Sharma vs Cholamandalam Ms Gen Ins Co & Ors on 20 December, 2022

Author: Rekha Palli

Bench: Rekha Palli

                          $~92
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    MAC.APP. 429/2022 & CM APPL. 55517/2022 (delay of 30 days)
                               DEEPAK SHARMA                             ..... Appellant
                                              Through: Mr.Ashish Chauhan, Adv.

                                                    versus

                                 CHOLAMANDALAM MS GEN INS CO & ORS. ..... Respondents
                                            Through: Mr.Pankaj Gupta, Adv for Ms.Suman
                                            Bagga, Adv for R-1.

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                               ORDER
                          %                    20.12.2022
                          CM APPL. 55518/2022

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 55517/2022 (delay of 30 days)

3. This is an application seeking condonation of 30 days in filing the appeal.

4. Issue notice. Learned counsel for the respondent no.1 accepts notice.

5. Keeping in view the reasons stated in the application as also the fact that the appellant is the claimant, who has been denied opportunity to lead evidence by the learned Tribunal, the present application deserves to be allowed and is, accordingly allowed. The delay of 30 days in filing the appeal is condoned.

6. The application stands disposed of.

MAC.APP. 429/2022

7. The present appeal seeks to assail the award dated 17.08.2022 passed Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:21.12.2022 14:54:31 by the learned MACT. Vide the impugned award the claim of the appellant has been decided after closing his right to lead evidence.

8. Issue notice. Learned counsel for the respondent no.1 accepts notice. He prays for and is granted time to make submissions.

9. Keeping in view the nature of the relief sought in the appeal, no notice is required to be issued to respondent nos.2 and 3.

10.List on 10.03.2023.

REKHA PALLI, J DECEMBER 20, 2022 sr Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:21.12.2022 14:54:31