New India Assurance Company Limited v. Deepali Sachin Chavan And ORS

33 ia 17446-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 17446 OF 2022 IN R.C. 472 of 2020 New India Assurance Co. Ltd.

..Appellant/Applicant.

v/s.

Deepali Chavan & Ors.

..Respondents Mr. Sharma i/b. M/s. Gandhi & Associates for the Applicant. Mr. Rupesh Zade for the Respondent Nos.1 to 5. CORAM : ANUJA PRABHUDESSAI, J.

DATED : 19th AUGUST, 2022.

P.C.

1.

By this application, the Applicant has sought to condone the delay and to restore the appeal which was rejected for non compliance of the conditional order dated 6.8.2019.

2.

Learned Counsel for the Applicant states that cost was already paid to the Plaintiff. However, due to inadvertance he was unable to place the receipt before the Registrar. Learned Counsel for the Respondent, original Claimant admits having received the cost. 3.

In the light of the said statement, the application is allowed. Appeal is ordered to be registered after removal of office objections, if any. Appellant to remove the office objections within one week. 4.

Stand over to 13.09.2022.

Digitally signed by PRASANNA P SALGAONKAR Date:

2022.08.20 17:12:02 +0530 (ANUJA PRABHUDESSAI, J.) PRASANNA P SALGAONKAR P P SALGAONKAR