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Bombay High CourtFA/1185/2017dismissed for noncomplying conditional order

Smt.Sunita Mahendrakumar Rabade And ORS. v. Shri.Gous Ajmirso Lokapure And ANR.

2019-09-27Hon'Ble Shri Justice K.K. Tated2 pages

Ethape 505.FA. 1185.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1185 OF 2017 Smt. Sunita M. Rabade & Others.

...Appellants

Versus

Shri. Gous Ajmirso Lokapure & Another.

...Respondents

...

Mr. Nikhil S. Karnawat, Advocate for Appellants. ...

CORAM

: K.K.TATED, J.

DATED : SEPTEMBER 27, 2019 P.C.

1.

Not on board. At the request of the Advocate for the Appellants matter is taken on production board for urgent orders.

2.

Heard learned counsel for the Appellants.

3.

By this First Appeal, the Appellants/Original claimants are challenging the the Judgment and Award dated 09th January 2017 passed by Motor Accident Claims Tribunal, Kolhapur in Motor Accident Claim Petition No. 232 of 2012, rejecting Appellants application for claim of Rs. 3,63,400/- under Section 163-A of Motor Vehicle Act, 1988.

4.

Considering the submissions made by the learned counsel for the Appellants and the impugned Judgment and Award, I am satisfied that the Appellants have made out a case for the following order :- 1/2

Ethape 505.FA. 1185.17 a) Admit.

b) Printing dispensed with.

c) The Appellants are directed to file private paper book with copy to other side within one year from today, failing which the First Appeal shall stand dismissed without further reference to the Court. d) Registry is directed to Call R & P immediately. e) Hearing on First Appeal is expedited.

f) Liberty is granted to the Appellant to move for fixing early date on hearing after filing private paper book and receipt of R & P. (K.K.TATED, J.) 2/2