SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Sikk) 78

HIGH COURT OF SIKKIM
Meenakshi Madan Rai, J
Branch Manager, Hdfc Ergo General Insurance Company Limited – Appellant
Versus
Shanti Rai – Respondent


Advocates:
For the Appellants/Petitioners: Rahul Rathi
For the Respondents: Tarun Choudhary, Kumar Sharma

Table of Content
1. application for condonation of delay based on counsel negligence. (Para 1 , 2 , 3)
2. court discretion to condone delay for substantial justice. (Para 4 , 5 , 6)

ORDER (ORAL)

1. Heard on I.A. No.01 of 2024, which is an application under Section 173(1) of the Motor Vehicles Act, 1988, filed by the Applicant, seeking condonation of 370 days’ delay, in filing the Appeal. The application is supported by an Affidavit.

2. Learned Counsel of the Applicant, while making out grounds for condoning the delay, contended that, as the impugned Judgment of the Learned Motor Accidents Claims Tribunal, at Namchi, Sikkim (hereinafter, the “MACT”), was pronounced on 30-08-2023, the Memo of Appeal ought to have been filed on 28-11-2023. The impugned Judgment was obtained on 15-09-2023 by the then conducting Counsel and forwarded to the Branch Office of the Applicant at Siliguri, the very next day. The said Office forwarded the File to the Regional Office at Kolkata on 19-09-2023, seeking their opinion regarding the filing of the Appeal. The Regional Office in turn forwarded it to their Legal Department on 25-09-2023, which returned the File on 30-09-2023 and made its way back to Kolkat

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top