TMI Blog2001 (11) TMI 1024X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 application for obtaining another certified copy of the award and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Insurance Company has deposited an amount of ₹ 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 sufficient cause for condoning the delay in filing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 be heard on merits. However, at this stage we feel th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted 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date of deposit i.e. 26/2/2001 along with interest accrued on fixed deposit of such amount, shall be permitted to be withdrawn by the claimants, subject to adjustment for the amount already received by the claimants under no-f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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