United India Insurance Company Limited v. Salims Khatoon Mohd Samad Ansari And ORS.

9-caf3621-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3621 OF 2019 IN REJECTED CASE NO.1885 OF 2019 United India Insurance Co. Ltd.

...Applicant V/s.

Salims Khatoon Khd. Samad Ansare, since deceased,through L.Rs. - Aftalbalam Ansari & Ors.

...Respondents

Ms.Varsha Chavan for the Applicant.

None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 15TH JANUARY, 2020.

P.C. :- 1.

Learned counsel appearing for the applicant states that the respondents had not appeared before this Court on 9th July, 2019 though they were served by publication pursuant to the order passed by this Court in Civil Application No.264 of 2014. Learned counsel for the application invited my attention to the averments made in paragraphs 7 and 8 of the application that due to the reasons recorded therein, learned counsel could not remain present on 9th July, 2019. The reasons recorded in those paragraphs are accepted.

2.

The civil application is made absolute in terms of prayer clauses (a) and (b). The first appeal as well as application for 1/2

9-caf3621-19.doc condonation of delay are restored to file.

3.

Place the Civil Application No.264 of 2014 on board for hearing and final disposal on 5th February, 2020. (R.D. DHANUKA, J.) 2/2