National Insurance Co. Ltd. v. Babyabai Dwarkanath Tikone And Othrs

12.2465.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2465/2014 IN FIRST APPEAL NO. 1348/2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ramesh K. Cheulkar for the Applicant Mr. S. M. Moholkar for the Respondent Nos.1 to 6. CORAM : K. K. TATED, J.

DATE : FEBRUARY 5, 2016 P.C.:

1.

Heard. This Application is made by the Insurance Company for restoration of the First Appeal which was dismissed in view of conditional order dated 12/08/2010 passed by this court for non filing of paper book within 12 weeks from the date of order.

2.

Considering the submissions made by the learned counsel for the Applicant, I am of the view that the Applicant has made out a case for extension of time to file paper book. At the same time, the Applicant has to pay cost of Rs.4000/- to the Respondent-claimant or their Advocate within 4 weeks from today.

Basavraj G Patil 1/2

12.2465.14-caf 3.

Hence, following order is passed:

a.

The First Appeal is restored on file for hearing on merits.

b.

Time to comply conditional order dated 12/08/2010 is extended till 31/03/2016 i.e. filing of paper book, failing which the First Appeal shall stand dismissed without further reference to the court.

c.

The Applicant Insurance Company to pay cost of Rs.4000/- to the Respondent or their Advocate within 4 weeks from today.

d.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2