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Bombay High CourtIA/1471/2023allowed

Chandrika Ashok Shah v. New India Insurance Companpy Ltd.

2023-02-21Hon'Ble Shri Justice Amit Borkar2 pages

18-ia-1471-2023.doc Gayatri

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1471 OF 2023 IN FIRST APPEAL NO.692 OF 2019 WITH INTERIM APPLICATION (STAMP) NO.18533 OF 2021 Chandrika Ashok Shah ... Applicant V/s.

New India Insurance Company Ltd.

... Respondent Mr. Ganesh Ambekar i/b Thakore Jariwala & Associates for the Applicant.

Ms. Jaya Shukla a/w. Ms. Jyoti Bajpayee Pandey a/w. Ms. Kavita Yadav i/b Ms. Saugeeta Salvi for the Respondent.

CORAM :AMIT BORKAR, J.

DATED :FEBRUARY 21, 2023 P.C.:

INTERIM APPLICATION NO.1471 OF 2023 1.

The Application is for restoration of the First Appeal, which was dismissed for non-filing of private paper-book. 2.

The second prayer is for recalling of order to restore the application to bring legal representatives of the Appellant on record.

3.

For the reasons stated in paragraph Nos. 4 and 6, the Interim Application is allowed in terms of prayer clauses (a) and (b).

18-ia-1471-2023.doc 4.

The Appellant to file private paper book within six (6) months from today, in case to failure to file paper-book within six

(6) months from today, the order dated 15th April, 2019 shall revive.

INTERIM APPLICATION (STAMP) N O .18533 OF 2021 5.

The interim application is filed to bring the legal heirs and legal representatives of the original-appellant on record. 6.

Considering reasons stated in the application, Interim Application is allowed in terms of prayer Clause (a) to (c). 7.

Necessary amendment to be carried out within a period of Two(2) weeks from today.

8.

Stand over to 6th March, 2023.

(AMIT BORKAR, J.)