Mr.Tapan Khetramohan Sarkar And ORS. v. Icici Lombard General Insurance Company Limited And ANR.
1 910-caf-2782.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2782 OF 2018 IN FIRST APPEAL STAMP NO. 2582 OF 2018 Tapan Khetramohan Sarkar and others ... Applicants In the matter between Tapan Khetramohan Sarkar and others ... Appellants
Versus
ICICI Lombard General Insurance Co.Ltd.
and another ... Respondents .....
Mr. Vasant R. Kadam i/b Mr. Yuvraj P. Narvankar for Applicants. .....
CORAM : K. K. SONAWANE, J.
DATE : 8th AUGUST, 2018.
P. C.:
1.
Heard learned Counsel for the applicants. Perused the application.
2.
Learned Counsel for the applicants submit that the registration of the proceeding of First Appeal Stamp No. 2582 of 2018 came to be refused, as the applicants failed to remove the office objections within stipulated period. He further submits that due to unavoidable circumstances the office objections could not Shridhar Sutar
2 910-caf-2782.18.doc be removed, therefore it resulted into dismissal of the proceeding. He undertakes to remove office objections within two weeks after restoration of the First Appeal stamp No.2582 of 2018. 3.
In view of above submission, civil application stands allowed. The proceeding of First Appeal stamp No.2582 of 2018 along with Civil Application for delay condonation, be restored at its original stage. The order of refusal of registration of the first appeal, passed by the learned Registrar - Judicial-II, is hereby recalled. The delay caused for filing present application is hereby condoned. After restoration of the proceedings of First Appeal along with Civil Application at its original stage, the applicants to remove entire office objections within a period of two weeks from its restoration. On failure to which, the present order shall stand vacated automatically without further reference to this Court. The Registry to take requisite steps for further process. 4.
Accordingly, the present civil application stands disposed of in above terms.
( K. K. SONAWANE, J.) Shridhar Marutirao Sutar Shridhar Marutirao Sutar Date: 2018.08.10 11:42:11 +0530 Shridhar Sutar