H.D.F.C. Ergo General Insurance Company Ltd. Through Divisional Offiecr, v. Mr. Ifran Naim Khan And ANR.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3435 OF 2015 IN FIRST APPEAL (STAMP) NO.23080 OF 2015 H.D.F.C. ERGO General Insurance Co. Ltd., Andheri, Mumbai.

.... Applicant V/s.

Irfan Naim Khan and Anr.

.... Respondents Mr. Manoj Badgujar, I/by Mr. Abhijit P. Kulkarni, for the Applicant. None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 5 TH SEPTEMBER, 2018.

P.C. :

1.

Heard Mr. Badgujar, learned counsel for the Applicant-Insurance Company.

2.

It is pointed out that, as per the order passed by this Court on 26th July 2018, the First Appeal was restored to its original file and it was directed that, after restoration, the Appellant-Insurance Company shall serve notice to the Respondents by paper publication, returnable on 31st August 2018.

3.

As per the 'Office Remark', the notice is, accordingly, served on the Respondents by paper publication; however, no one is present on behalf of the Respondents.

1/2 CAF-3435-15==.doc

4.

In view thereof, the delay caused in preferring the First Appeal, which is of 149 days, is condoned for the reasons stated in the Civil Application.

5.

First Appeal be registered and placed for admission on 27th November 2018.

6.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-3435-15==.doc