The Transport Manager, Thane Municipal Transport Undertaking v. Mr. Chandrakant Padmakar Kalwankar

904.32.16-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.32/2016 IN FIRST APPEAL NO. 64/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Mahendra Agvekar i/b. Mandar Limaye for the Applicant CORAM : K. K. TATED, J.

DATE : JANUARY 15, 2016 P.C.:

1.

Heard. None for the Respondent though duly served.

2.

This Application is made by the Insurance Company for restoration of the Civil Application No.1612/2015 which was dismissed in view of conditional order dated 28/04/2015. The learned counsel for the Applicant submits that there was delay on their part to deposit the awarded amount. He submits that the awarded amount was deposited on 22/07/2015. In support of this contention he relies on letter dated 23/07/2015, Exhibit- B at page 9 of the Civil Application. He submits that in the interest of justice, this Hon'ble Court be pleased to extend the time to comply with order dated 28/04/2015 till 22/07/2015, i.e. the day on which they deposited the awarded amount in the Tribunal.

Basavraj G Patil 1/2

904.32.16-caf 3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Time to comply with order dated 28/04/2015 is extended till 22/07/2015.

b) Interim protection granted by this court on 28/04/2015 in Civil Application No.1612/2015 is restored.

c) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2