M/S. Bajaj Allianz General Insurance Co.Ltd. v. Shankar Chimanna Khirari And Othrs

5.1551.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1551/2015 IN CIVIL APPLICATION NO.4602/2010 IN FIRST APPEAL NO. 1821/2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D. R. Mahadik i/b. S. R. Singh & Co. for the Applicant Mr. T. J. Mendon for the Respondent Nos.1 and 2. CORAM : K. K. TATED, J.

DATE : MARCH 1, 2016 P.C.:

1.

Heard. This Application is made by the Insurance Company for restoration of Civil Application No.4602/2010 which was dismissed for default by order dated 13/03/2015.

2.

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.

Basavraj G Patil 1/2

5.1551.15-caf 3.

Hence, the following order:

a.

Order dated 13/03/2015 by which the Civil Application No.4602/2010 was dismissed for default, is recalled.

b.

Civil Application No.4602/2010 is restored to file for hearing on its own merits.

c.

Office is directed to place the Civil Application No.4602/2010 on board on 31/03/2016.

d.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2