New India Assurance Co. Ltd. v. Ramchandra Mahadev Patole And ANR

P.H. Jayani 909 CAF19.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 19 OF 2017 IN REJECTED CASE NO. 29 OF 2017 New India Assurance Co. Ltd.

.... Applicant v/s.

Shri. Ramchandra Mahadev Patole and ors. .... Respondents Mr. T.J. Mendon i/b. Mr. Indrajeet R. Kulkarni for the Applicant. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th JULY, 2022.

P. C. :- .

By this Application, the Applicant has sought to restore the Appeal which was dismissed for non compliance of the conditional order dated 17/11/2009 passed in Civil Application No.6288/2008. 2.

The Appeal assails the order dated 29/10/2007 allowing the Application under section 140 of the Motor Vehicles Act. Learned counsel for the Respondent states that during the pendency of this Appeal, Application under section 166 of Motor Vehicles Act has been allowed and that the Insurance Company has challenged the said order in First Appeal No.14452/2015.

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P.H. Jayani 909 CAF19.2017.doc 3.

In view of the above, the Appeal and the Application is rendered infructuous and accordingly disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.07.11 11:04:00 +0530 2/2