Bajaj Alliance General Insurance Co. Ltd. v. Mr. Bipin Laxmichand Mehta And ORS.

caf3455 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3455 OF 2014 IN FIRST APPEAL ST.NO.25725 OF 2014 Bajaj Alliance General Insurance Co. Ltd.

...Applicant vs.

Bipin Laxmichand Mehta & Ors.

...Respondents

Mr.Milind Sathaye for the applicant Mr.S.S.Vidyarthi for the respondent CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : MAY 7, 2015 P.C.:

Heard the learned counsel for the applicant. In view of what is observed in the paragraph 5 of the Judgment, notice to the fourth respondent is dispensed with. The opposition of the first to third respondents to this Application is mainly based on the issue of maintainability of the Appeal. The delay is of 65 days. Sufficient cause is made out. Accordingly, Rule issued in the Civil Application No.3455 of 2014 is made absolute in terms of prayer clause (a).

The issue of maintainability of the appeal is kept open which will be considered at the time of admission of the appeal. Place the appeal for admission on 30th June 2015. Call for Record and Proceedings.

caf3455 In the meanwhile, the Tribunal will permit the first and second respondents (first and second claimants) to withdraw a sum of Rs.1,50,000/- each without any security.

(C.V.BHADANG,J.) (A.S.OKA,J.)