The Branch Manager, New India Assurance Co. Ltd. v. Matinadevi Dayaram Yadav And ANR

7.3528.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3528/2015 WITH CIVIL APPLICATION NO.3052/2015 IN FIRST APPEAL NO. 21/2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. S. Vidhyarthi for the Applicant in Civil Application No.3528/2015 Mr. T.J. Mendon for the Respondent CORAM : K. K. TATED, J.

DATE : JANUARY 7, 2016 P.C.:

1.

Heard. This Application is made by the Insurance Company for restoration of the First Appeal which stood dismissed in view of conditional order dated 19/11/2012 passed by this court, for non filing private paper book.

2.

The learned counsel for the Applicant submits that the paper book is ready. He undertakes to file the same in the Registry within 2 weeks from today. Undertaking is accepted.

Basavraj G Patil 1/2

7.3528.15-caf 3.

Considering the submissions made by the learned counsel for the Applicant and as the Applicant is ready and willing to file the paper book within 2 weeks from today, following order is passed:

a.

First Appeal is restored to file for hearing on merits.

b.

Order dated 19/11/2012 passed by this court is recalled to the extent of dismissal of the First Appeal.

c.

The Applicant to file private paper book within 2 weeks from today, with copy to other side, failing which the Civil Application shall stand dismissed without further reference to the court. d.

Civil application stands disposed off accordingly.

e.

Office is directed to place the Civil Application No.3052/2015 on board on 29/01/2016, for hearing.

f.

In the meantime, the Applicant to complete the service of the Civil Application.

JUDGE Basavraj G Patil 2/2