Bombay High Court
New India Ins. Col Ltd, Thr Regional ... vs Smt. Bhimabai Premdas Kotangale &4 Ors on 14 January, 2020
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
905.ca2226.19.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION NO. 2226 OF 2019
AND
MISC. CIVIL APPLICATION (ST) NO. 21652 OF 2019
IN
FIRST APPEAL NO. 615 OF 2008(D)
(The New India Assurance Co. Ltd. Vs. Bhimabai Premdas Kotangale and others)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Ms. Archita Sudame, Advocate for petitioner.
Ms. Neeta Sharma, Advocate for respondent Nos. 1 to 4.
Mr. C.C. Anthony, Advocate for respondent No.5.
None for respondent No.6.
CORAM : MILIND N. JADHAV, J.
DATE : 14.01.2020.
Heard Ms. Sudame, learned counsel appearing for petitioner, Ms. Sharma, learned counsel appearing for respondent Nos.1 to 4 and Mr. Anthony, learned counsel appearing for respondent No.5.
This application has been taken out by the appellant for seeking condonation of delay of 89 days in filing the application for seeking restoration of First Appeal No.615/2008. First Appeal No.615/2008 came to be dismissed in default on 20.06.2019.
For the reasons mentioned in paragraph No.4 of ::: Uploaded on - 15/01/2020 ::: Downloaded on - 16/01/2020 22:38:53 :::
905.ca2226.19.odt 2/3 the application and after hearing the learned counsel for the applicant/appellant, the application is granted in terms of the prayer clause stated in the application subject to the applicant paying costs of Rs. 1,000/- to the High Court Legal Service Sub-Committee, Nagpur.
Ms. Neeta Sharma, learned counsel appearing for respondent Nos.1 to 4 and Mr. C.C. Anthony, learned counsel appearing for respondent No.5 have raised their formal objection, which has been noted and rejected.
Civil application is accordingly disposed of.
Misc. Civil Application (St) No. 21652/2019 Heard learned counsel appearing for the respective parties. This application has been taken out for restoration of First appeal which came to be dismissed in default on 20.06.2019. There was delay of 89 days and the same has been condoned in a separate civil application taken out by the appellant.
For the reasons mentioned in paragraph Nos.3 & 4, the application is granted in terms of the prayer clause as stated in the application and office is directed to restore the First Appeal No.615/2019 to the file and record of the case.
Mr. C.C. Anthony appearing on behalf of contesting respondent No.5 has urged that he is not in receipt of the paper-book which has been filed by the appellant. The appellant is directed to supply the copy of ::: Uploaded on - 15/01/2020 ::: Downloaded on - 16/01/2020 22:38:53 :::
905.ca2226.19.odt 3/3 paper-book to the learned counsel appearing for respondent No.5 as well as learned counsel appearing for respondent Nos.1 to 4. Insofar as the respondent No.6 is concerned, none appears for respondent No.6. The appellant is directed to inform the next date of hearing to respondent No.6 and also supply the copy of paper-book to the said respondent.
Civil application is accordingly disposed of. This First appeal No.615/2008 is ripe for hearing and therefore be placed for hearing on 4.02.2020 along with First Appeal No.616/2008.
JUDGE Prity ::: Uploaded on - 15/01/2020 ::: Downloaded on - 16/01/2020 22:38:53 :::