The New India Assurance Co.Ltd. v. Mr.Hanuman Pousaiya Sambhari (Deceased) And ORS.

51.2155.19-CAF

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2155/2019 in First Appeal No.704/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. S. M. Dange for the Applicant Mrs. Ayodhya Patki I/b. Nitesh V. Bhutekar for the Respondent

CORAM

: K.K.TATED,J.

DATED : JUNE 18, 2019 P.C.

Heard. By this Civil Application, the Applicant is seeking to set aside the order dated 02.11.2018 passed by the learned Registrar (Judicial-II) by which the Civil Application No.3966/2017 stood dismissed against Respondent No.5. He submits that in the interest of justice, this Hon'ble Court be pleased to set aside the order dated 02.11.2018 and permit the Applicant to serve Respondent No.5 by substitute service.

It is to be noted that Civil Application No.3966/2017 was filed by the Applicant Insurance Co. for condonation of 165 days in filing the First Appeal which was decided Basavraj G Patil 1/2

51.2155.19-CAF by this court on 20.03.2019. Therefore, as on today, the Civil Application No.3966/2017 stood disposed of finally.

Therefore, there is no question of allowing the present Civil Application by which the Applicant is seeking to restore the Civil Application No.3966/2017 only against Respondent No.5.

Hence, the Civil Application stands rejected. No order as to costs.

(K.K.TATED, J.) Basavraj G Patil 2/2