New India Assurance Co. v. Smt.Devki Dehu Lachke And ORS

905 CAF 443 OF 2019 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.443 OF 2019 IN R.C. NO.192 OF 2013 New India Assurance Co.Ltd.

...

Applicant.

V/s.

Devki Dehu Lachke and ors ...

Respondents Ms.Poonam Mital, for the Applicant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 29th JANUARY, 2019.

P.C. :

1] This is an application for restoration of the appeal which came to be dismissed for non compliance of the office objections as respondent Nos. 3 and 4 were not served.

2] Learned counsel for the applicant submits that the applicant will be taking necessary steps within a period of eight weeks as the papers are not available with the department. 3] In view thereof, the application is allowed. Delay is condoned. The Appeal be restored to it's original file subject to condition of applicant's taking necessary steps within a period of 8 weeks. 4] On failure to remove the office objection within the stipulated period, application will stand automatically dismissed without 1/2

905 CAF 443 OF 2019 further reference to this Court.

5] Learned counsel for the applicant submits that the appellant will be depositing the decreetal amount within a period of six weeks. 6] Registry to accept the same.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2