Reliance General Insurance Co. Ltd. Through Its Manager, Mr. Amit Ashwini Sharma v. Shri. Pandurang Murgyappa Nadahatti And ANR.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3604 OF 2016 IN FIRST APPEAL (STAMP) NO.24098 OF 2015 Reliance General Insurance Co. Ltd., Goregaon (East), Mumbai.

.... Applicant V/s.

Pandurang Murgyappa Nadahatti & Anr.

.... Respondents Ms. Allena George, i/by M/s. Res Juris, for the Applicant. None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 1 ST SEPTEMBER 2016.

P.C. :

1.

Heard learned counsel for the parties.

2.

This is an application for restoration of the First Appeal along with Civil Applications thereto. It is submitted that the First Appeal and Civil Applications thereto came to be dismissed for default for non compliance, like, taking steps for serving notice on the respondents, by the conditional order dated 30th March 2016 passed by the Registrar (Judicial-II) of this Court in Civil Application No.3852 of 2015.

1/2 CAF-3604-16.doc

3.

In the interest of justice, this Civil Application is allowed in terms of prayer clauses (a) and (b).

4.

The First Appeal and Civil Applications thereto are restored to its original position. The applicant-Insurance Company to take steps for serving notice on the unserved respondents within a period of four weeks from today i.e. till 13th October 2016. On failure of the applicants to do so within the stipulated time, this Civil Application will automatically stand dismissed.

5.

Civil Application stands disposed of in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-3604-16.doc