Hdfc Ergo General Insurance Co. Ltd. Thr. Its Authorized Signatory v. Priyanka Ajay Upadhyay And ORS

5-IA-4398-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4398 OF 2023 IN FIRST APPEAL (ST) NO.6053 OF 2022 HDFC ERGO GENERAL INSURANCE CO. LTD.)...APPLICANT V/s.

PRIYANKA AJAY UPADHYAY AND ORS.

)...RESPONDENTS Mr.Tushar Bendale i/b. GNP Legal, Advocate for the Applicant/Appellant.

CORAM

:

ABHAY AHUJA, J.

DATE :

8th JUNE 2023 P.C. :

1.

This is an application seeking restoration of First Appeal which has been dismissed for failure to comply with the undertaking given to the Registrar. Mr.Tushar Bendale, learned Counsel for the Applicant, would submit that this has been due to inadvertence as although copies of Appeal Memo and Stay Application were supplied to the department, however, no counter signature was taken.

avk 1/2 ARTI VILAS KHATATE by ARTI VILAS KHATATE Date: 2023.06.08 14:14:28 +0530

5-IA-4398-2023.doc 2.

Having heard the learned Counsel and having perused the application, let the First Appeal be restored to file. Let copies of the Appeal Memo and Stay Application be supplied to the department within a period of two weeks. Let the First Appeal come up in regular course after removal of other office objections. 3.

The Application stands disposed.

(ABHAY AHUJA, J.) avk 2/2