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2017 Supreme(P&H) 2753

ANITA CHAUDHRY
National Insurance Company Ltd. – Appellant
Versus
Sudesh Juneja – Respondent


Advocates:
Present:Mr. Deepak Suri, Advocate for the appellant.
Mr. Sagar Aggarwal, Advocate for respondent nos.1 to 4/cross-objectors.
Mr. C.P. Tiwana, Advocate for respondent no.5.
Mr. Ashok Bhardwaj, Advocate for respondent no.6.
Mr. Madan Mohan, Advocate for respondent no.8.
Mr. Paul S. Saini, Advocate for respondent no.9.

JUDGMENT

Mrs. Anita Chaudhry, J.:- This appeal is by the insurance company disputing the quantum of compensation allowed to the claimants.

2. The appeal was filed in 1999. The matter was admitted. Thereafter, the record of this file was burnt in the fire incident which had taken place in the year 2011. The file was re-constructed and notices were again issued in 2014 and service on the claimants had been effected in April, 2014. Cross-objections have been filed by the claimants in 2015. An application has been filed along with the cross-objections seeking condonation of delay in filing the cross-objections. The interim orders which are available show that the counsel appearing for the claimants had put in appearance on the day the appeal was admitted. It is necessary to first deal with the cross-objections and the question is whether delay can be condoned.

3. I have heard the counsel for the claimants/cross-objectors at great length and he has relied upon Special Land Acquisition Officer, Upper Krishna Project, Jamkhandi, Karnataka Vs. Mahadev Govind Gharge and others 2011 AIR (SCW) 3220.

4. The submission on behalf of the claimants/cross-objectors is that when the appeal comes up f










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