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Bombay High CourtCAO/200/2019disposed off

Reliance General Insurance Co. Ltd.Through Its Legal Retainer Jai P. Sule v. Smt. Pramiladevi Ram Avtar Singh And ORS.

2019-06-14Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

50-CAF.200-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 200 OF 2019 IN Civil Application No. 2074 OF 2016 IN Civil Application No. 2075 OF 2016 IN First Appeal (Stamp)No. 6745 OF 2016 Reliance General Insurance Co. Ltd.

.. Appellant V/s.

Smt. Pramiladevi Ram Avtar Singh & Ors.

.. Respondents Mr. Deepika Prabhala I/b. Res Juris, Advocate for the Appellant. Mr. S.S. Butala Advocate I/b. S.S. Butala & Associate for the Respondent No. 1.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th JUNE, 2019.

P.C.

1.

By this Application, the Applicant had sought to recall the order of dismissal as against Respondent No. 5. By Order dated 19/04/2017 four weeks time was granted to the Applicant to serve the unserved Respondent No. 5. The Applicant was put to notice that failure to take steps would result in dismissal of the Application as Tauseef

50-CAF.200-19.doc against Respondent No. 5. The Applicant failed to take steps within the stipulated time, and as a consequence thereof the Civil Application came to be dismissed as against Respondent No. 5. 3.

The learned Counsel for the Applicant makes a statement that he has already filed an application for serving notice on the Respondent No. 5 by publication. In the light of the said statement and in view of the reasons stated in para 3 of the application, the dismissal Order as against Respondent No. 5 is recalled. 4.

Civil Application Nos.2074/2016 and 2075/2016 are restored as against Respondent No. 5. The Civil Applications stand disposed of accordingly.

(ANUJA PRABHUDESSAI, J.) Tauseef