The New India Assurance Co.Ltd, v. Mandvala Wd/O Shanappa Patiwala And ORS,

13 caf1260-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1260 OF 2013 IN FIRST APPEAL (ST) NO.32528 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms.Poonam Mittal for the applicant

CORAM

: K.K.TATED, J.

DATED : 22/07/2015 PC:

Heard the learned counsel for the applicant.

None for the respondent though duly served.

Advocate for the applicant submits that they served the respondent in Civil Application Nos.4877 of 2010 and 4878 of 2010. She submits that affidavit of service is already filed.

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. Hence, following order:

a) First Appeal (ST) No.32528 of 2010, Civil Application No.4877 of 210 and Civil Application No.4878 of 2010 is restored on file for hearing and Mohite 1/2

13 caf1260-13.doc final disposal on its own merits by modifying the earlier order dt.7.6.2011.

b) Civil application stands disposed off accordingly.

c) Office is directed to place Civil Application Nos.4877 of 2010 and 4878 of 2010 on board for orders on 14.8.2015.

(K.K.TATED, J.) Mohite 2/2