Himachal Pradesh High Court
United India Insurance Company Ltd. vs . Smt. Banita & Ors. on 19 September, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
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United India Insurance Company Ltd. vs. Smt. Banita & Ors.
CMP(M) No.1169 of 2023 19.09.2023 Present: Mr. Pritam Singh Chandel, Advocate, for the applicant/appellant.
of rt CMP(M) No.1169 of 2023 By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of the applicant/appellant for condonation of delay in filing the accompanying appeal, which is barred by 27 days.
Having perused the explanation rendered on record, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor deliberate, rather same has occurred on account of the lengthy administrative process and as such, delay of 27 days in filing the appeal, which in my considered view has been sufficiently explained, is condoned.
The application stands disposed of.
FAO No. ______2023 Be registered.
Admitted on substantial question of law Nos. 1 to 3, formulated at page Nos.12 & 13 of the paper book.
Post Admission Notice be issued to the respondents, returnable within four weeks, on taking steps within a period of one week. Record of courts below be called for.
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CMP No._________2023 Be registered.
Careful perusal of the receipt dated 23.08.2023 of clearly reveals that a sum of Rs. 22,46,414/-, has been deposited with the court below in term of Award dated rt 31.05.2023, passed by the Commissioner under Employees Compensation Act, Mandi, District Mandi, H.P. In view of the above, operation/execution of the impugned award dated 31.05.2023 in Petition No.259/2013, CIS CNR No.HPMA03000460213, titled Banita & Anr. vs. Hem Raj & another, passed by the Commissioner under Employees Compensation Act, Mandi, District Mandi, H.P., shall remain stayed.
Alteration/Vacation/Modification on motion.
Application stands disposed of.
(Sandeep Sharma) Judge 19th September, 2023 (reena) ::: Downloaded on - 20/09/2023 20:37:02 :::CIS