Icici Lombard Gen. Ins. Co. Ltd. v. Mrs. Ratnavalli Govindan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.59 OF 2015 WITH FIRST APPEAL NO.1716 OF 2013 WITH CIVIL APPLICATION NO.2364 OF 2014 ICICI LOMBARD GEN. INS. CO. LTD.

... Appellant vs.

Mrs. Ratnavalli Govindan and Others ... Respondents Mr. S.R. Singh, for the Appellant.

Mr. Roshan Tanna, for the Respondents.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

AUGUST 21, 2015 P.C.:

.

The application is filed by ICICI Lombard Gen. Insurance Company Limited thereby challenging the judgment and award passed by the Motor Accident Claims Tribunal, Thane in Claim application No. 730 of 2007.

Vishal 1 / 3

2.

The learned counsel for the Appellant submit that they have written a brief to ICICI Lombard General Insurance Company Limited. The learned counsel produces a photo-copy of the letter written by the learned counsel Mr. S.R. Singh to ICICI Lombard Gen. Insurance Company Limited which is received by them on 25th June, 2015. The copy is taken on record.

3.

By an order dated 24th July, 2015 this Court has observed that none appeared on behalf of the Appellant and therefore the matter was directed to be placed under the caption "for dismissal" on the next date i.e. today. Though the matter is appearing under caption "for dismissal", none present for the Appellant. The letter which is produced by the learned counsel who earlier had appeared for the Appellant says that the Appellants are aware that they are not represented by the learned counsel on 25th June, 2015.

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4.

In view of this, the Appeal No. 59 of 2015 is hereby dismissed for want of prosecution.

5.

In view of the above the Civil Application No. 2364 of 2014 does not survive.

6.

Stand over to 11st September, 2015 for admission in First Appeal No. 1716 of 2013.

(MRS.MRIDULA BHATKAR, J.) 3 / 3