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Bombay High CourtCAF/1463/2019disposed off

Smt. Renuka Amit Nikaljay And ORS. v. The Oriental Insurance Company Ltd.

2020-01-28Hon'Ble Shri Justice R.D. Dhanuka2 pages

16-CAF-1463 of 2019 in FA-1128-2013 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1463 OF 2019 IN FIRST APPEAL NO. 1128 OF 2013 Smt. Renuka Amit Nikaljay & 2 Ors.

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Applicants In The Matter Between :

The Oriental Insurance Company Ltd.

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Appellant V/s.

Smt. Renuka Amit Nikaljay & Ors.

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Respondents Mr. Siddharth Idnani i/by Mr. A. M. Gokhale for the Applicant/Orig. Respondent Nos.1 and 2.

Ms. Poonam Mital, for the Appellant.

CORAM : R.D.DHANUKA,J.

DATE : 28th January, 2020.

P.C.:- 1] By this Civil Application, applicants have prayed for dispensing with notice on Mr. Vikas Khosala and M/s. Great Lakes Chemicals who are Respondent Nos. 4 and 5 in the Civil Application on the ground that they are the owners of the offending vehicles and are not necessary parties in the application filed by the applicants for withdrawal of the amount. Since application is for withdrawal of amount during the pendency of the First Appeal, notice on Respondent Nos. 4 and 5 is dispensed with.

Chetan Patil 1/2

16-CAF-1463 of 2019 in FA-1128-2013 .doc 2] Civil Application is disposed of in aforesaid terms. No order as to costs.

3] Applicants are directed to furnish the names and details of the legal heris of Respondent No.3 i/e. Rajendra Ramchandra Nikaljay within two weeks from today to the appellant' s advocate. The appellant would be liberty to apply for amendment in the First Appeal. The applicants shall also furnish copy of the First Appeal preferred by applicants which is First Appeal No. 1130 of 2013 upon the respondents within two weeks from today.

[R.D.DHANUKA, J.] Chetan Patil 2/2