Reliance General Insurance Co. Ltd. Through Its Manager, Mr. Amit Ashwini Sharma v. Mr. Keshto Gopal Dey And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application (ST) No.18416/2019 in First Appeal (ST) No.28670/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Deepika Prabhala I/b. Res Juris for the Applicant

CORAM

: K.K.TATED, J.

DATED : JULY 19, 2019 P.C.

Today the matter is placed on board for speaking to the minutes of order dated 05.07.2019.

In cause title instead of Civil Application No.4041/2015 it should be Civil Application (ST) No.18416/2019 Order dated 05.07.2019 stands corrected accordingly. Corrected order reads thus:

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.18416 OF 2019 IN FIRST APPEAL (ST) NO.28670 OF 2015 1/4

Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Deepika Prabhala i/b M/s.Res Juris for the applicant Mr.Vishal Pande for the legal heirs of Respondent no.1 and 2 Mr.Nitesh Mohite i/b Mr.D.R.More for the respondent nos.4 and 5 CORAM : K. K. TATED, J DATE : JULY 5, 2019 P.C.:

.

Heard.

By this Civil Application, Applicant is seeking condonation of delay in filing present Application for bringing legal heirs on record of deceased Respondent no.1 and Respondent no.2.

The learned counsel Mr.Vishal Pande submits that he received instruction to appear on behalf of legal heirs of deceased Respondent nos.1 and 2. He submits that they have no objection if delay is condoned and Applicant is permitted to bring legal heirs on record of deceased Respondent nos.1 and 2 in First Appeal (ST) No.28670 of 2015 and 2/4

pending Applications. He further submits that he undertakes to file Vakalatnama on behalf of legal heirs of deceased Respondent nos. 1 and 2 in First Appeal (ST) No.28670 of 2015.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as the learned counsel for the Respondent have no objection, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a) Delay in filing the Civil Application is condoned. b) Applicant is permitted to bring legal heirs on record of deceased Respondent nos.1 and 2 in First Appeal (ST) No.28670 of 2015 and pending applications, if any, on or before 20.07.2019 failing which the Civil Application shall stand dismissed without further reference to the court.

c) If amendment is carried out within stipulated time as stated hereinabove, Applicant to serve amended copy of First Appeal on other side immediately thereafter.

d) Advocate Mr.Vishal Pande to file his Vakalatnama on behalf of legal heirs of 3/4

deceased Respondent nos.1 and 2 in First Appeal (ST) No.28670 of 20175 as soon as amended copy of First Appeal is served on him.

e) Civil application stands disposed off accordingly.

(K.K.TATED, J.) 4/4