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Bombay High CourtIA/1972/2023disposed off

Smt.Snehal Manoj Patil And ORS. v. The Manager, Royal Sundaram General Insurance Co.Ltd., Mumbai And ANR.

2023-08-17Hon'Ble Shri Justice Abhay Ahuja3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1972 OF 2023 IN CROSS OBJECTION (ST) NO. 19378 OF 2018 IN FIRST APPEAL NO. 860 OF 2019 KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2023.08.21 19:18:17 +0530 Smt.Snehal Manoj Patil & Ors.

..... Applicants

IN THE MATTER OF

The Manager, Royal Sundaram General Insurance Company Limited ..... Appellant

VERSUS

Smt.Snehal Manoj Patil & Ors.

..... Respondents Ms. Kiran Yadav i/b. Mr.A.M.Gokhale for the Applicant in IA/1971/2023 and IA/1972/2023 and for the Respondent Nos. 1 to 5 in FA.

Mr.Rahul Mehta i/b. KMC Legal Venture for the Appellant/Applicant in IA/14248/2023.

CORAM: ABHAY AHUJA, J.

DATE : 17th AUGUST, 2023 P.C:- This application is for restoration of the Cross Objection (St) No. 19378 of 2018 that came to be dismissed for non compliance of the conditional order dated 22nd October, 2019.

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Learned counsel for the cross objector draws the attention of this Court to paragraphs (4) to (6) of the application in support of her contention to explain the delay in preferring the application for restoration and submits that in fact there is no delay as the entire period of delay is within the period of COVID-19 pandemic as per the suomotu order of the Hon'ble Supreme Court. 3.

Mr.Mehta, learned counsel for the applicant insurance company does not raise any particular objection particularly considering the fact that the First Appeal of the insurance company also came to be dismissed for non compliance of the order of this Court and is being restored by another order of this Court.

4.

Having heard learned counsel and having perused the application, this Court is of the view that interests of justice would be served, if the delay, if any, in preferring the cross objection is condoned and if the cross objection is restored to file. 5.

Accordingly, let delay be condoned and cross objection to restored to file.

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The cross objection is restored to file.

7.

Interim application is accordingly disposed off. [ABHAY AHUJA, J.]