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2024 Supreme(Cal) 346

AJAY KUMAR GUPTA
Ruma Saha @ Ruma Rani Saha – Appellant
Versus
New India Assurance Company Limited – Respondent


Advocates Appeared:
For the Appellants : Mr. Amit Ranjan Roy, Adv.
For the Respondents: Ms. Sucharita Paul, Adv.

JUDGMENT :

Ajay Kumar Gupta, J.

CAN 1 of 2024

1. The learned counsel appearing on behalf of the appellants/claimants moved an application for condonation of delay in filing appeal. There is 20 days delay in preferring the instant appeal. He prays for condonation of delay. He referred the paragraph 5 of the application to show the sufficient cause, which was not intentional or latches on the part of the appellants/claimants.

2. On the other hand, the learned advocate appearing on behalf of the insurance company raised objection of such prayer.

3. Having heard the submissions of learned advocates for the parties and on perusal of the application for condonation of delay, this Court satisfied with the cause shown by the appellants/claimants for such delay as such delay in filing appeal is hereby condoned. Appeal is admitted.

4. Accordingly, CAN 1 of 2024 is disposed of.

FMAT 543 of 2021

5. It is submitted by both the parties that instant appeal can be disposed of without calling of LCR only in view of the judgment of the Hon’ble Supreme Court since legal points is involved in the instant case since the claim application had been filed before the Learned Tribunal under Section 163A of

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