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Bombay High CourtCAO/304/2019disposed off

Iffco Tokio General Insurance Company Ltd. Through Its Divisional Officer Mr. Neeraj Kumar Jain v. Mr.Ganesh Namdev Dagade And ANR.

2019-08-16Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 36_cao_304_2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.304 OF 2019 IN CIVIL APPLICATION NO.2108 OF 2018 WITH CIVIL APPLICATION NO.305 OF 2019 IN FIRST APPEAL (STAMP) NO.4116 OF 2018 Iffco Tokio General Insurance Co.

Ltd.

...Applicant

Versus

Ganesh Namdev Dagade and Anr.

...Respondents

.....

Ms Deepika Motagi I/b. M/s. Res Juris for the Applicant. Mr. T.J. Mendon for the Respondent No.1.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 16th AUGUST, 2019.

P.C.:- The Applicant herein has sought restoration of the Civil Application No.2108 of 2018 as against the Respondent No.2, which has been dismissed for non compliance of conditional order dated 26th February, 2019.

2.

By order dated 26th February, 2019 the Applicant was given four weeks' time to take steps to serve the Respondent No.2. The Applicant was put to notice that the civil application would stand Megha 1/2

Megha 36_cao_304_2019.doc dismissed, if necessary steps were not taken to serve the Respondent No.1. Failure of the Applicant to serve the Respondent No.2 resulted in dismissal of the application against the Respondent No.2. 3.

The learned counsel for the Applicant states that steps will be taken to serve the Respondent No.2 by R.P.A.D. within a period of two weeks. Statement is accepted.

4.

In the light of the said statement and in view of the reasons stated in paragraph 3 of the application, which in my considered view constitute sufficient cause, the application is allowed. Dismissal order as against the Respondent No.2 is recalled and the Civil Application No.2108 of 2018 is restored as against the Respondent No.2. 5.

The Civil Application No.304 of 2019 stands disposed of. 6.

Till such time the Respondent No.2 is served, the Civil Application No.305 of 2019 is kept pending.

7.

Stand over to 30/8/2019.

(SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by Megha Parab Date:

2019.08.21 17:15:56 +0530 Megha Parab Megha 2/2