The United India Insurance Co. Ltd Pune v. 1.Smt.Nisha Devidas Kulkarni And ORS.

bsb 1 CAF258.10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.258 OF 2010 IN FIRST APPEAL NO. 400 OF 1992 The United India Insurance Co.

... Applicant v/s Smt.Nisha Devidas Kulkarni & ors.

... Respondents Mr.Rahul Mehta i/by KMC Legal Venture for the applicant. Mr.Sagar Joshi i/by S.M. Oka for Resp. Nos.1 to 5. CORAM: K.K.TATED, J.

DATED : 21 JANUARY 2015 P.C.:

Heard learned counsel for parties.

This application is preferred by the Insurance Company for restoration of First Appeal No.400 of 1992 which was dismissed for want of prosecution by an order dated 12 January 2010. Considering the submissions made by learned counsel for the applicant and averments made in the civil application, I am satisfied that the applicant has made out a case for allowing the civil application. Hence the following order :

bsb 2 CAF258.10.doc

O R D E R

(A) Order dated 12 January 2010 passed by this Court is recalled. (B) First Appeal No.400 of 1992 is restored to file for hearing and final disposal.

( C) Learned counsel for the respondent waives service in First Appeal.

(D) Civil application stands disposed of accordingly. ( K.K.TATED, J. )