2001 (11) TMI 1024

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....ims Tribunal, the Insurance Company filed an appeal in the High Court within the prescribed period of limitation. However, the memo of appeal was accompanied by a photocopy of certified copy of the award given by the Tribunal. The appellant Insurance Company stated that the certified copy, secured by it for the purpose of filing the appeal, was lost. The Insurance Company promptly made an applicat....

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.... pendency of the special leave petition before this Court, the Insurance Company has deposited an amount of Rs. 2,22,233.00 (two lakhs twenty-two thousand and two hundred thirty-three rupees only) on 26/2/2001 vide Bank Draft No. 439243 dated 15/2/2001 drawn on Canara Bank. This amount has been kept in a fixed deposit under orders of the Court. Learned counsel for the appellant submitted that a....

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....merit in the submissions so made. In the background of the facts set out hereinabove, we are of the opinion that the High Court was not justified in taking too technical a view of the facts and refusing to condone the delay in filing the appeal. The application seeking condonation of delay in filing the appeal, moved on behalf of the appellant, deserved to be allowed and the appeal deserved to ....

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....Court, the amount lying in deposit here shall be withdrawn and remitted to the Tribunal. Out of such amount deposited by the Insurance Company and remitted to the Tribunal, the amount due and payable to the claimants calculated up to the date of deposit i.e. 26/2/2001 along with interest accrued on fixed deposit of such amount, shall be permitted to be withdrawn by the claimants, subject to adjust....