The New India Assurance Co.Ltd. v. Smt.Shubhangi Sanjay Lokhande And ORS.

RNG 1/2 29-ca.2601.17.1142.17form-1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.1142 OF 2019 IN FIRST APPEAL (ST) NO.18797 of 2017 The New India Assurance Co Ltd .. Applicant vs Shubhangi Sanjay Lokhande & ors ..

Respondents Ms.Poonam Mittal for Applicant None for Respondents CORAM : K.K.TATED J DATE : 25TH MARCH, 2019 P.C Heard learned counsel for the applicant.

2.

Inspite of service, no one appears on behalf of the respondents.

3.

By this Civil Application, the applicant is seeking permission to bring the legal heirs of deceased respondent no.4Dattatray Bharat Sawant on record who died on 18.11.2017. There is delay in filing the Civil application.

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4.

Considering the submissions made by the learned counsel for the applicant, and after perusing the averments made in

RNG 2/2 29-ca.2601.17.1142.17form-1 the Civil Application, I am satisfied that the applicant has made out a case for allowing this Civil Application. Hence, the following order : O r d e r (i) Abetment is set aside.

(ii) The delay in filing the Civil Application is condoned. (iii) The applicant is permitted to bring the legal heirs of deceased respondent no.4 on record in First Appeal (Stamp) No.18797 of 2017 and pending Civil Application or before 26.4.2019 failing which, the Civil Application shall stand dismissed without reference back to the Court.

(iv) Civil Application stands disposed of accordingly. (v) No order as to costs.

{K.K.TATED, J)