Iffco Tokio General Insurance Company Limited, v. Smt. Avantika Arun Madhav And ORS.

525.16238.17-cafst.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application (ST) No.16238/2017 in First Appeal (ST) No. 26819/2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs. Varsha Chavan for the Applicant

CORAM

: K.K.TATED, J.

DATED : MAY 3, 2019 P.C.

Pursuant to the praecipe filed by the advocate for the Applicant, the matter is taken on production board.

By this Civil Application the Applicant seeks to set aside the order dated 22.02.2017 passed by the learned Registrar (Judicial-II) by which the First Appeal stood dismissed for non removal of office objections.

The learned counsel for the Applicant undertakes to remove all office objections on or before 29.06.2019.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Civil Application and as the Applicant is ready Basavraj G Patil 1/2

525.16238.17-cafst.doc and willing to remove all office objections, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a.

Order dated 22.02.2017 passed by the learned Registrar (Judicial-II) is set aside. b.

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

c.

The Applicant is directed to remove all office objections on or before 29.06.2019, failing which the matters shall stand dismissed without further reference to the court.

d.

The Applicant to pay costs of Rs.5000/-.

e.

The costs shall be paid to the Kirtikar Law Library, High Court, Mumbai and place a receipt thereof on record on or before 15.06.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

f.

Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Basavraj G Patil 2/2