C.Subramani vs. National Insurance Co.Ltd. And Or

IN THE HIGH COURT OF JHARKHAND AT RANCHI

M.A. No. 346 of 2009

C. Subramani ... ...APPELLANT

-V e r s u s -

National Insurance Co. Ltd. and others ... ... RESPONDENTS

CORAM: - HON'BLE MR. JUSTICE D. N. UPADHYAY

…

For the Appellants : Mr. Milan Kumar Dey, Sr. Advocate For the Respondents : Mr. Alok Lal, Advocate.

I.A. No. 4048 of 2009

12/24.03.2014 The instant I.A. No. 4048 of 2009 has been filed under Section 5 of the Limitation Act to condone the delay of 232 days in presenting the appeal against the Judgment and Award dated 04.02.2009, passed by Additional District Judge – II – cum – M.V.A.C.T. in connection with Compensation Case No. 36/2006.

It is submitted that the appellant is resident of Tamil Nadu and he was not informed about the Judgment in time. He was also lying ill and, therefore, he could not be able to get the documents in time.

Respondent no. 1 has appeared but so far respondent no. 2 to 7 are concerned, even after valid service of notice, he did not appear.

Having heard the parties and on being satisfied with the grounds taken in the instant Interlocutory Application, the delay in filing instant appeal is hereby condoned. Accordingly, I.A. No. 4048 of 2009 is hereby allowed.

List this case under the heading 'Admission'.

(D. N. Upadhyay, J.)

RC