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Bombay High CourtIA/18634/2022allowed

The Oriental Insurance Co.Ltd. v. Sadhana Ravindra Dixit And ORS.

2022-10-17Hon'Ble Ms. Justice Gauri Godse2 pages

SIDDHARAM MASHAL Date: 2022.10.21 11:37:37 +0530 IRESH SIDDHARAM MASHAL 24-ia-841-21.doc Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION ST NO. 841 OF 2021 IN FIRST APPEAL NO. 153 OF 2010 The Oriental Insurance Co. Ltd.

.....Applicant V/s.

Sadhana Ravindra Dixit and Ors .....Respondent Mr. Jitendra i/b Kalpana Trivedi Advocate for the Applicant. None for Respondent CORAM : GAURI GODSE, J.

DATE :

17th OCTOBER 2022 P.C.

1.

This Application is filed by the Appellant Insurance Company for condonation of delay in filing Application for restoration and for restoration of First Appeal against Respondent Nos. 4 and 5. First Appeal is admitted on 5th February 2010.

2.

Learned Advocate appearing for the Applicant states that Respondent 1/2

24-ia-841-21.doc Nos. 4 and 5 are the original claimants and they are served with copy of this Application.

3.

For the reasons stated in the Application, same is allowed in terms of prayer clause (a) and (b) which read thus:

"(a) That delay if any in filing the said civil application for restoration be condoned in the interest of justice. (b) First Appeal No. - 153 /2010 be restored in the interest of justice."

4.

Applicant to serve Respondent Nos. 4 and 5 within a period of 8 weeks from today failing which Appeal shall stand dismissed as against Respondent Nos. 4 and 5.

[GAURI GODSE, J.] 2/2