United India Insurance Co. Ltd. v. Anil Kumar Shivshankar Pande And ANR

skc 7-CAF-35593-08.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3593 OF 2008 IN FIRST APPEAL (STAMP) NO. 15521 OF 2008 WITH CIVIL APPLICATION NO. 3594 OF 2008 IN FIRST APPEAL (STAMP) NO. 15521 OF 2008 United India Insurance Co. Ltd.

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Applicant / Appellant vs.

Shri Anil Kumar S. Pande & Anr.

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Respondents None for Applicant / Appellant.

Mr. D. Deshmukh for Respondent No. 1.

CORAM : M. S. SONAK, J.

DATE: 23 JANUARY 2017 P.C :

1] This appeal relates to the year 2008. Since, the appeal was instituted after delay of 71 days, there is civil application no. 3593 of 2008 seeking condonation of delay. The civil application and consequently the appeal stands dismissed as against respondent no. 2 in terms of Registrar Judicial (II)'s order dated 20 June 2013. No steps have been taken to restore the application / appeal as against respondent no. 2. Similarly, no steps have been taken to effect service upon respondent no. 3.

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skc 7-CAF-35593-08.doc 2] Today, when the matter is called out, learned counsel for the applicant - insurance company is not present. Learned counsel for respondent no. 1 is however present.

3] Since, this is a matter relating to the year 2008, no further diligence can be extended. Accordingly, the civil application no. 3593 of 2008 and consequently appeal itself is dismissed for non prosecution. Civil application no. 3594 of 2008 for interim relief, does not survive and the same is also disposed of. Ad interim orders, if any, stands stands vacated.

(M. S. SONAK, J.) Chandka 2/2