NEW INDIA ASSURANCE COMPANY LTD v. BANTI DEVI AND ORS
CMP.M/70/2025 · 2025-05-28
Vivek Singh Thakur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4758 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4758 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
New India Assurance Company Ltd. Vs. Banti Devi and others.
CMP (M) No. 70 of 2025 28.5.2025 Present: Mr.Ishan
Sharma,
Advocate,
for
the applicant/appellant. Mr.Mukesh Sharma, Advocate, for respondents No. 1 to 4. Respondent No. 5 is duly served, but there is no representation on its behalf. Mr.Sanjay Dutt Vasudeva, Deputy Advocate General, for respondents No. 6 and 7.
CMP (M) No. 70 of 2025 Present application has been filed for condonation of delay of 35 days in filing the appeal. Though, no reply has been filed on behalf of appearing respondents, but the prayer made in the application has been opposed vehemently on the ground that day-to-day delay, as required to be explained under law, has not been explained. Taking into consideration averments made in the application and submission made by learned counsel for the parties, delay of 35 days in filing the appeal is condoned. Appeal be registered. The application stands allowed and disposed of.
FAO No. …. of 2025 (FAOST No. 289 of 2025) Appeal be registered. Admit on substantial questions of law framed at pages 8 and 9 of the paper book.
Post admission notice to unrepresented respondent No. 5, be issued, on taking steps within one week, returnable on next date. Records be requisitioned. List for further orders on 13th August, 2025.
CMP No. ….. of 2025 (CMPST No. 354 of 2025) This application has been filed for staying execution and operation of impugned award passed by the Commissioner under Employees Compensation Act, Mandi. Appellant has placed on record receipt of deposit of 13,97,296/-, dated 20.11.2020 indicating that awarded ₹ amount stands deposited with the Commissioner Employees Compensation Mandi vide cheque No. 007825 dated 17.11.2020, drawn at HDFC Bank. In aforesaid facts, operation and execution of impugned award dated 30.8.2024 passed by Commissioner under the Employee’s Compensation Act, Mandi in Case No. 7 of 2015, Filing No. 282/2015, titled as Banti Devi and others Vs. M/s Jain Irrigation Systems & others, shall remain stayed during pendency of present appeal. Alteration/vacation/ modification on motion. The application stands disposed of.
(Vivek Singh Thakur),
Judge.
28th May, 2025 (Keshav)