United India Insurance Co.Ltd. v. Abubakar Yusuf Safi And ANR

skc 8-CAF-4750-08.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4750 OF 2008 IN FIRST APPEAL (STAMP) NO. 17839 OF 2008 WITH CIVIL APPLICATION NO. 4751 OF 2008 IN FIRST APPEAL (STAMP) NO. 17839 OF 2008 United India Insurance Co. Ltd.

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Appellant / Applicant vs.

Mr. Abubakar Yusuf Safi & Anr.

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Respondents None for Applicant / Appellant.

CORAM : M. S. SONAK, J.

DATE: 23 JANUARY 2017 P.C :

1] This appeal relates to the year 2008. The appeal is not yet admitted, since, the same was instituted 615 days beyond the prescribed period of limitation. The civil application no. 4750 of 2008 seeking condonation of delay is yet to be considered. 2] The record indicates that no proper steps have been taken by the applicant to serve the notice of civil application upon the respondents. The notice issued to respondent no. 1 has returned with the remark that the said respondent has left the premises around 15 years ago and the present whereabouts are unknown. 1/2

skc 8-CAF-4750-08.doc 3] Today, when the matter is called out, learned counsel for the applicant is not present.

4] In such circumstances, no further indulgence can be shown to the applicant. Civil application no. 4750 of 2008 and consequently appeal itself is dismissed for non prosecution. 5] Civil application no. 4751 of 2008 for interim relief, does not survive and the same is also disposed of. Ad interim orders, if any, stand vacated.

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