The New India Assurance Co. Ltd. v. Shri. Devidas Datta Savate And ANR.

48-CAF2081-13.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2081 OF 2013 IN FIRST APPEAL (ST) NO. 8992 OF 2013 WITH CIVIL APPLICATION NO. 2082 OF 2013 The New India Assurance Co Ltd ...Appellants

Versus

Devidas Datta Savate & Ors

...Respondents

Mr DS Joshi, for the Applicant/Appellant.

CORAM: G.S. PATEL, J DATED:

12th June 2017 PC:- 1.

Mr Joshi states that both the Civil Applications and the First Appeal have been dismissed against Respondent No. 2 for nonservice because the Appellant could not provide the correct address. 2.

The Appeal and the two Civil Applications are been restored. 3.

Mr Joshi states that if the correct address of the 2nd Respondent is not available, an application will be filed for substituted service. That statement is accepted. 12th June 2017

48-CAF2081-13.DOC 4.

There is a delay of 61 days in filing the Civil Application. The delay is condoned. Civil Application No. 2081 of 2017 is made absolute.

5.

Civil Application No. 2082 of 2013 seeks stay. The amount awarded by the Commissioner for Workmen's Compensation, Pune has been deposited. This Civil Application is made absolute. 6.

In the meantime, issue notice in the First Appeal to Respondent No. 1 and to his Advocate so that an appropriate order may be made if sought for in regard to withdrawal. (G. S. PATEL, J.) 12th June 2017