Shri Angad Chandrakant Thombare v. Icici Lombard General Insurance Co. Ltd. And ANR.

(25)caf-1416-18 Sarnobat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1416 of 2018 IN REJECTED CASE NO.2 OF 2018 Shri Angad Chandrakant Thombare ..Applicant Vs.

ICICI Lombard General Insurance Co. Ltd & Anr. ..Respondents -------------- Mr. Vasant Kadam I/by Mr.Yuvraj P. Narvankar for the Applicant. None for the Respondents.

CORAM : V.M. DESHPANDE, J.

DATE : 20 th JUNE, 2018.

P. C. :

1.

This is an application for restoration of the Civil Application No. 2758 of 2018 which was for condonation of delay in filing the first appeal. The condonation application and first appeal was filed by the claimant. In that the respondent No. 1's address was required and the applicant was expected to take steps to serve the respondent No.2. 2.

For moving the application for restoration there is a delay of 60 days. The delay is condoned. The learned counsel for the applicant submits that he will take necessary steps for serving the nonapplicant No. 1 and non-applicant No. 2 in that application for condonation of delay in preferring the first appeal. Since the appeal 1/2

(25)caf-1416-18 was sought to be filed by claimant, liberal view has to be taken. Hence, application for restoration is allowed. The Civil application No. 2758 of 2016 which is dismissed by the conditional order by the Registrar (Judicial-II) dated 10th November, 2017 stands restored and the applicant is directed to take necessary steps in the said application. 2.

Application is disposed off.

[ V.M. DESHPANDE, J.] 2/2