Madhya Pradesh High Court
Oriental Insurance Company Ltd. vs Muni Mahesh Patel on 27 April, 2016
FA-967-2015
(ORIENTAL INSURANCE COMPANY LTD. Vs MUNI MAHESH PATEL)
27-04-2016
Shri Sanjay Agrawal, counsel for the appellants.
Shri M.P. Shukla,counsel for the respondent.
Today the case is listed for consideration on I.A No.14114/2015, I.A No.14115/2015 and 14116/2015. I.A No.14116/2015 has been filed under Section 149 of C.P.C for grant of time to the appellants for payment of balance Court fee stamps of Rs. 59,000/- till the period, the same are made available by stamp Vendor. The deficit court fee stamps of Rs. 59,000/- have been submitted on 17th November 2015. Thus; I.A No.14116/2015 is allowed and the delay in filing the deficit Court fee is condoned.
I.A No.14115/2015 has been filed for condonation of delay in filing the first appeal. An affidavit of B.C. Behera, Divisional Manager of appellant company is also filed in support of this application.
According to the office note, petition is time barred by 54 days. Reply has been filed by the respondent of above- mentioned application with an affidavit of the respondent. Heard on above mentioned interlocutory application. Looking to the reason mentioned in the application, supported by the above mentioned affidavit of Divisional Manager of the appellant company, I.A No.14115/2015 is allowed and the delay in filing the appeal is hereby condoned.
I.A No.14114/2015 has been filed for staying the effect of operation of the challenged decree. Money decree for Rs. 5 Lacs has been passed in favour of the plaintiff and against the defendants.
Looking to the provisions of Order 41 Rule 5 (5) of C.P.C, this application would be considered only after making deposit or furnishing security by the appellant. List the matter for consideration on I.A No.14114/2015 on 5th May 2016.
(ASHOK KUMAR JOSHI) JUDGE