ORIENTAL INSURANCE COMPANY LIMITED Vs. DHANBAI KANJI GADHVI

JUDGEMENT

(1.) . The Applicant - The Oriental Insurance Co. Ltd. has filed this Application for condoning gross delay of 585 days in filing the aforesaid Appeal against the Judgment and Award passed by the learned Tribunal in M.A.C. Case No.759 of 1997.

(2.) . The impugned Judgment and Award was passed by the learned Tribunal on 18.10.2000. Application for certified copy was made on 20.10.2000 and the copy was ready on 23.10.2000 and it was delivered on 2.11.2000. However, at that time there was a Judgment of the Division Bench of this Court against the Applicant Insurance Company, therefore, they have thought it not fit to challenge the impugned Judgment and Award passed by the Tribunal. But, subsequently Supreme Court reversed the Judgment of the Division Bench of this Court and held that the claimant can either file Application u/s.163-A or Application under Section 166, but they can not avail both the remedy simultaneously. In view of the said Judgment the Applicant - Insurance Company later on decided to challenge the impugned Judgment and Award passed by the Tribunal by way of above First Appeal, which has been delayed by a period of 585 days. Hence, this Application for condonation of delay is filed.

(3.) . This Civil Application is in Office objection, therefore, regular number is not given. Similarly the main First Appeal is also under objection, therefore, regular number of first Appeal is also not given and both these Application and Appeal are given stamp numbers.