National Insurance Company Limited, Mumbai v. Smt. Sangita Nilesh Shelar And ORS.

7. Ia-3559-2021-in-Fa-75-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3559 OF 2021 IN FIRST APPEAL NO. 75 OF 2017 WITH FIRST APPEAL NO. 75 OF 2017 National Insurance Company Limited, Mumbai ...Applicant/ Appellant

Versus

Smt. Sangita Nilesh Shelar and Ors.

...Respondent/

Defendant Mr. Nikhil Mehta i/by KMC Legal Venture, for the Applicant/Appellant.

CORAM :

N. J. JAMADAR, J.

DATE :

3rd DECEMBER, 2021.

P.C.:

1.

Heard the learned counsel for the applicant.

2.

This application is preferred to set aside the order dated 25th June, 2019 passed by the Registrar, (Judl.II) whereby the appeal came to be dismissed for failure to take steps qua unserved respondent Nos.1 to 5.

3.

For the reasons assigned in the order and to advance the cause of justice, the application stands allowed. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2021.12.04 11:40:24 +0530 Sajakali Jamadar ...1 SAJAKALI LIYAKAT JAMADAR

7. Ia-3559-2021-in-Fa-75-2017.doc 4.

The delay in taking out this application stands condoned.

5.

The order passed by the Registrar, (Judl.II), dated 25th June, 2019 stands set aside.

6.

The appeal stands restored to file.

7.

Interim Application is disposed of accordingly. FIRST APPEAL NO. 75 OF 2017 1.

The learned counsel for the appellant seeks time to take out an appropriate application to effect substituted service for respondent Nos.1 to 5.

2.

Let the said application be filed within a period of four weeks.

3.

The appeal be listed on 10th January, 2022.

(N. J. JAMADAR, J.) Sajakali Jamadar ...2