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Bombay High CourtCAF/1683/2018

Bajaj Allianz General Insurance Company Limited v. Smt. Nirmala Dayaram Pavanwala And ORS.

2018-10-04Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi1 pages

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1683 OF 2018 IN FIRST APPEAL (STAMP) NO.14483 OF 2015 Bajaj Allianz General Insurance Co. Ltd.

.... Applicant V/s.

Nirmala Dayaram Pavanwala and Ors.

.... Respondents Ms. Yogita Chitnis, I/by Mr. Milind M. Sathaye, for the ApplicantInsurance Company. Ms. Komal M. Sawant, I/by Mr. Avinash M. Gokhale for Respondent Nos.1 to 3.

CORAM

: DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 4 TH OCTOBER, 2018.

P.C. :

1.

Heard learned counsel for the respective parties. 2.

This is an application for restoration of Civil Application No.1377 of 2016, seeking condonation of delay in preferring the First Appeal, and Civil Application No.1378 of 2016, seeking stay to the execution of the impugned 'Decree', which came to be dismissed against Respondent No.4 - the owner of the vehicle.

3.

For the reasons stated in the Civil Application, it is allowed, with no order as to costs.

4.

Civil Application Nos.1377 of 2016 and 1378 of 2016, are restored to its original file.

5.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 1/1 5-CAF-1683-18==.doc