The New India Assurance Co Ltd v. Miss Devika Dnyanesh Shah And ORS

12 caf2050-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2050 OF 2014 IN FIRST APPEAL (ST) NO.5928 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Devendranath S. Joshi for the applicant

CORAM

: K.K.TATED, J.

DATED : 7TH JANUARY, 2015 PC:

Heard the learned counsel for the applicant.

This application is preferred by original opponent no.3 Insurance Company for restoration of Civil Application No.2681 and 2682 of 2012 against respondent nos.2 and 3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Delay in preferring the Civil Application is condoned.

Mohite 1/2

12 caf2050-14.doc b) Civil Application No.2681 and 2682 of 2012 is restored against respondent nos.2 and 3.

c) Applicant is permitted to serve respondent nos.2 and 3 in Civil Application No.2681 and 2682 of 2012 by publication as per Order V Rule 20 of the Code of Civil Procedure.

d) In addition to usual mode of service, the applicant is directed to serve the Respondents by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect on or before next date.

e) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2