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2021 Supreme(HP) 947

RAVI MALIMATH
National Insurance Company Ltd. – Appellant
Versus
Rita – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Ashwani K. Sharma, Mr. Ishan Sharma.
For the Respondents: Mr. Neeraj Gupta, Ms. Jyotika Gupta.

JUDGMENT :

RAVI MALIMATH, J.

1. There is delay of one year, nine months and seven days in filing this appeal. CMP (M) No. 1611 of 2017 has been filed under Section 5 and Section 14 of the Limitation Act, seeking condonation of delay, in filing the appeal. It is stated therein that after the award was passed by the Tribunal dated 07.01.2010, since the remedy of filing an appeal was not available, in view of the existing law at that point of time, the applicant/appellant filed CWP No. 5067 of 2010 before the High Court of Himachal Pradesh. By the order dated 14.07.2016, the same was dismissed as withdrawn with a liberty to the Insurance Company to challenge the award. Thereafter, the instant appeal was filed on 06.11.2017. Therefore, it is pleaded that the time spent in pursuing the aforesaid writ petition, requires to be excluded from computing the period of limitation. It is further stated that after the order was passed in the writ petition on 14.07.2016, the certified copy was supplied to the counsel vide letter dated 31.12.2016 and it was advised that in order to file an appeal against the said award, the insurer had to obtain a fresh certified copy of the award. Thereafter, the c

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