United India Insurance Co.Ltd. v. Sayyed Iqbal Hussain And Othrs

Megha 33_caf_3779_2012.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3779 OF 2012 IN FIRST APPEAL NO.1523 OF 2010 United India Insurance Co. Ltd.

...Appellant

Versus

Sayyed Iqqbal Husain and Ors.

...Respondents

.....

Mr. K.N. Kandekar for the Appellant.

None for the Respondents.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 6th AUGUST, 2019.

P.C.:- By this application, the Applicant has sought registration of the First Appeal No.1523 of 2010, which has been rejected for non compliance of order dated 23rd November, 2010. By order dated 23rd November, 2010 the Appellant was directed to furnish private paper book within a period of one year. It was made clear that in the event, paper book was not filed within the stipulated time, the appeal would stand dismissed for non prosecution without further reference to the Court. Non compliance of the said order resulted in dismissal of the appeal.

Megha 1/2

Megha 33_caf_3779_2012.doc 2.

The Applicant has submitted that all the relevant documents were handed over to the registered Clerk but due to oversight he did not submit the same in the department. The learned counsel for the Applicant undertakes to file private paper book within a period of one week, with copy to the Respondent Nos. 2 to 5 3.

In the light of the said undertaking as well as the grounds raised in paragraph 4 of the application, which in my considered view constitute sufficient grounds, the appeal as against the Respondent Nos.2 to 5 stands restored.

4.

The application stands disposed of.

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

2019.08.08 18:02:52 +0530 Megha Parab Megha 2/2