Smt. Baby Chandrakant Deshmukh And ORS v. Shriram General Insurance Co Ltd

Shantanu Dhudum 60-IA-2628-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION by SHANTANU SHANKARSA DHUDUM Date:

2023.04.25 14:26:51 +0530 INTERIM APPLICATION NO. 2628 OF 2023 SHANTANU SHANKARSA DHUDUM IN CROSS OBJECTION (ST) NO. 16961 OF 2019 Smt. Baby Chandrakant Deshmukh & Ors.

....Applicants

Versus

Shriram General Insurance Co. Ltd.

....Respondent ----- Mr. D. D. Shinde for the Applicants.

Mr. Yogesh Pande i/b Mr. Rahul Mehta for the Respondent. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 20th APRIL 2023.

P.C. :

1.

Heard learned counsel for the Applicants and learned counsel for the Respondent.

2.

Learned counsel for the Applicants submit that the Applicants/Claimants have filed cross objection, but the said cross objection is dismissed by the Registrar Judicial-II order dated 13 February, 2020 for non removal of office objections, within stipulated time.

3.

Learned counsel further submits that due to personal difficulty and Covid period, the office objections could not removed 1/2

Shantanu Dhudum 60-IA-2628-2023.doc within stipulated time. Hence, requested to allow the Application. 4.

Learned counsel for the Respondent/Insurance Company strongly objected to allow the Application. On the ground that sufficient chances were given to the Applicants/Claimants to remove the office objections, in spite of that, office objection not removed. Hence, requested to dismiss the Application.

5.

I have heard both learned counsel, Respondent/Insurance Company has preferred the Appeal against the impugned order of Motor Accident Claims Tribunal (for short 'the tribunal') the said Appeal is pending before this court. Thereafter, Applicants/Claimants filed cross objection for enhancement of amount. Which was dismissed due to non removal of office objection. Considering the the submission of learned counsel for the Applicants and reasons mentioned in the application as well as there was Covid period. Hence I pass following order.

ORDER

i.

Application is allowed of interms of prayer clauses (a) and (b).

ii.

The order passed by the Registrar Judicial-II order dated 13 February, 2020 is quashed and set aside. iii.

Applicant to remove the office objection within six weeks.

(SHIVKUMAR DIGE, J.) 2/2