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Bombay High CourtCAF/3570/2017disposed off

The Hdfc Ergo General Insurance Company Limited v. Smt. Suhasini Balasaheb Wahane And ORS.

2018-02-20Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

506.CAF3570_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 3570 OF 2017 IN FIRST APPEAL (ST.) NO. 1714 OF 2017 (R.C. NO. 1517 OF 2017) hdfc Ergo General Insurance Co. Ltd.

... Applicant Vs.

Smt. Suhasini Balasaheb Wahane & Ors. ... Respondents Mr. Manoj Badgujar i/b. Mr. Abhijit P. Kulkarni, Advocate for the applicant.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 20th February, 2018.

P.C.:

Upon mentioning, taken on production board.

2.

This Application is moved for restoration of First Appeal and setting aside the order dated 29th June, 2017 passed by the Registrar (Judicial-II). The First Appeal was dismissed for non-removal of the office objections.

3.

The learned counsel for the applicant submitted that the Appeal was not registered, hence no notice was sent to the respondents. He submitted that the order dated 29th June, 2017 passed by the Registrar (Judicial) be set aside, as he is ready to 1 / 2

506.CAF3570_2017.doc remove the office objections.

4.

In view of this submission, the order dated 29th June, 2017 is hereby set aside. First Appeal is restored to its original file along with the orders passed therein. The applicant/appellant shall remove all the office objections within three weeks from today. If the objections are not removed within the stipulated time, the Appeal shall stand dismissed forthwith without further referring to the Court. 5.

Civil Application is allowed and disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2