The New India Assurance Co. Ltd. Through Mumbai Regional Office-V v. Smt. Varuna Kapil Kapoor And ORS.

64.1116.15-fa.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.905/2018 IN FIRST APPEAL NO.1116/2015 New India Assurance Co. Ltd.

... Applicant V/s.

Smt. Varuna Kapil Kapoor ... Respondent Mr. Devendranath S. Joshi for the Applicant Mr. O. V. Hingoran for Respondent Nos.1,2 and 3. Ms. Deepa Ahuja with Tanvi Kulkarni i/b. Ganesh & Co. for Respondent No.4

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

MARCH 12, 2018 P.C. :

Heard. This Application is made by the Appellant for setting aside order dated 08.12.2017 passed by the learned Registrar (JudicialII) by which the Civil Application (ST) No.21058/2017 stood dismissed.

The learned counsel for the Applicant submits that for want of knowledge about the present correct address of Respondent No.5, it remained on their part to take appropriate steps. Hence, there is delay in making the Civil Application. He submits that they have already filed a Civil Application for substitute service on Respondent No.5. Basavraj G. Patil 1/2

64.1116.15-fa.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, we are satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Delay in making the Civil Application is condoned. b) Order dated 08.12.2017 passed by the learned Registrar (Judicial-II) is set aside.

c) Civil Application (ST) No.21058/2017 is restored on file. d) Civil application stands disposed off accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2