The New India Assurance Co. Ltd. v. Shri. Sadashiv Rama Gadage And ORS.

VARSHA VIJAY RAJGURU VARSHA VIJAY RAJGURU Date: 2022.09.17 15:42:45 +0530 16-ia-2871-2020-rc-2018-209.doc varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2871 OF 2020 IN REJECTED CASE NO. 2018 OF 2019 The New India Assurance Company Ltd .....Applicant V/s.

Shri Sadashiv Rama Gadage and Ors .....Respondents Ms. Jyoti Bajpayee, Advocate for the Applicant CORAM : GAURI GODSE, J.

DATE :

14th September 2022 P.C.

1.

This Application is filed for restoration of Civil Application as well as First Appeal.

2.

First Appeal and Civil Application were dismissed for non removal of office objections. First Appeal is filed for challenging the Judgment and Order dated 28th June 2018 passed by Motor Accident Claims Tribunal, Kalyan, granting compensation.

3.

Learned Advocate for the Applicant states that the amount of compensation as per the impugned Judgment and Order will be deposited within a period of four weeks.

4.

Considering the reasons given in the Application, following order is 1/2

16-ia-2871-2020-rc-2018-209.doc passed:

i) Application is allowed in terms of prayer clauses (a) and (b) which read as under:

"(a) The honorable court be pleased to restore the aforesaid Civil Application No. St. No. 8735, Civil Application St. No. 8736 of 2019 alongwith the First Appeal St. No. 8734 of 2019.

(b) Delay of 166 in filing present application may be condoned."

ii.

Applicant to deposit entire amount of compensation as per the Judgment and Order dated 28th June 2018 within a period of four weeks from today.

iii. Office Objections to be removed within two weeks from today. [GAURI GODSE, J.] 2/2