Chattisgarh High Court
United India Insurance Company Limited vs Asha Dhamecha 9 Mac/1038/2014 Biresh ... on 4 December, 2019
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
MAC No. 1701 of 2019
United India Insurance Company Limited Plant No. 183, Second Floor, Behind Balaji
Petrol Pump, Korba, District Korba Chhattisgarh, Through Authorised Singnatory, Deputy
Manager, T. P. Hub Office, United India Insurance Company Limited, 2nd Floor Guru
Kripa Towers Vyapar Vihar Road Bilaspur P. S. Civil Line Tehsil And District Bilaspur
Chhattisgarh, ---- Appellant/N.A.No.3
Versus
1. Asha Dhamecha Wd/o Late Kishore Dhamecha Aged About 53 Years R/o Champa, Near
Girls School (Putri Shala), Ward No. 7, Champa, Tahsil Champa District Janjgir Champa
Chhattisgarh.
2. Vinita Nagdev W/o Shri Dishant Nagdev Aged About 29 Years R/o Katni, Barhi Road
Behind Pankaj Palace Katni Tahsil And District Katni M. P. ..............Claimants,
3. Jitendra Choudhry S/o Shri Rajendra Choudhry Aged About 32 Years R/o Korba Near
Niharika Talkies Korba M. I. G. -1/195 Ravishankar Shukla Nagar, Korba, Tahsil And
District Korba Chhattisgarh. Present Address Jagdall, Champa Tahsil Road, Champa,
District Janjgir-Champa (C.G.)...........Driver,
4. Smt. Kanta Choudhary W/o Shri Rajendra Choudhary Aged About 52 Years R/o Korba M.
I. G. 01/195, Ravishankar Shukla Nagar Korba Tahsil And District Korba
Chhattisgarh.........Owner, ---- Respondents
2
03.12.2019 Shri B.N.Nande,counsel for the appellant.
Shri Prakash Tiwari, counsel for respondents No.1 & 2 None for respondents No. 3 & 4, though served.
Heard on I.A.No.01/2019, an application for condonation of delay of 209 days in filing the present appeal.
It is contended by Shri Nande, learned counsel for the appellant that after obtaining opinion from the concerned counsel of the Tribunal, the process was initiated for seeking sanction in order to prefer an appeal and immediately after obtaining the sanction from the concerned authority, the instant appeal has been preferred. It is submitted further that the delay of 209 days has occurred bona fide 2 because of this process and there was no mala fide intention behind it. He, therefore, prays for condoning the delay in filing the present appeal.
No reply has been filed with regard to the said application by respondents No.1 & 2/Claimants. However, Shri Tiwari, learned counsel appearing on behalf of the Claimants, while opposing the said application, submits that the reasons as assigned in the application are extremely vague in nature and without providing sufficient particulars, the application as made deserved to be rejected.
On due consideration of the aforesaid contentions of the Claimants, I am inclined to allow I.A.No.01/2019.
Accordingly, I.A.No.01/2019 is allowed and the delay of 209 days is condoned subject to payment of cost of Rs.2000/- payable to respondents No.1 & 2 through their counsel Shri Prakash Tiwari, within a period of 4 days.
I.A.No.01/2019 stands disposed of.
Shri Nande, at this stage, submits that execution proceedings have already been initiated by the concerned Executing Court, therefore, the effect and operation of the award impugned dated 02.11.2018 may kindly be stayed at least till the next date of hearing.
On due consideration of the submission, it is directed that the effect and operation of the award impugned dated 02.11.2018 is hereby stayed till 11.12.2019.
Post this matter for further orders on 11.12.2019.
Sd/-
(Sanjay S. Agrawal) Judge Anjani