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Bombay High CourtCAF/1380/2014

New India Assurance Company Ltd, v. Shri. Guru Iranna Patil And ANR

2019-10-14Hon'Ble Shri Justice K.K. Tated2 pages

10.1380.14-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1380/2014 with First Appeal (ST) No.23913/2013 with Civil Application No.1381/2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Sanjay Krishnan I/b. Leges Consultus for the Applicant CORAM: K.K.TATED, J.

DATED : OCTOBER 14, 2019 P.C.

Heard. By this Civil Application, the Applicant Insurance Co. is seeking condonation of 139 days delay in filing the First Appeal challenging the judgment and award dated 12.09.2012 passed by the MACT Mumbai in application No.1047/2006.

Office Note shows that the Civil Application stood dismissed against Respondent No.1 Guru Iranna Patil original claimant by order dated 12.01.2015 passed by the learned Registrar (Judicial-II). The matter was on board before this court on 26.08.2019 when time was granted at the request of Basavraj G. Patil 1/2

10.1380.14-caf.odt the learned counsel for the Applicant till 27.09.2019 to take appropriate steps against Respondent No.1, failing which the Civil Application would stand dismissed entirely. This court also imposed cost of Rs.2500/-. In spite of that the Applicant has failed to take appropriate steps against Respondent No.1.

As the Civil Application has already been dismissed against the Respondent - claimant in view of order dated 26.08.2019, nothing survives in the Civil Application. Hence, the Civil Application stands dismissed. No order as to costs.

In view thereof, registration of the First Appeal stands rejected.

Consequently, Civil Application for stay stands dismissed as infructuous.

(K.K.TATED, J.) Basavraj G. Patil 2/2