M/S. Iffco Tokio General Insurance Co. Ltd. v. Smt. Aakkatai Govind Chavan And ANR.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.423 OF 2018 IN CIVIL APPLICATION (ST.) NO.29983 OF 2016 IN FIRST APPEAL NO.992 OF 2011 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Jyoti Bajpayee for the applicant CORAM : K. K. TATED, J DATE : MARCH 27, 2019 P.C.:

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Heard.

By this Civil Application, Applicant Insurance Company is seeking restoration of Civil Application (ST) No.29983 of 2016 in First Appeal No.992 of 2011 which stand dismissed for non-removal of office objections as per order dated 14.02.2017 passed by Registrar (Judicial-II).

Office note shows that even in filing of 1/3

First Appeal there is a delay. That delay was condoned by this court by order dated 28.10.2010 in Civil Application No.592 of 2010. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application but at the same time they have to pay cost of Rs.20,000/- for Respondent original Claimant. Hence, following order is passed:

a.

Delay of 234 days delay in filing Civil Application is condoned.

b.

Order dated 14.02.2017 passed by learned Registrar (Judicial-II) is set aside.

c.

Civil Application (ST) No.29983 of 2016 is restored on file for hearing on its own merits. d.

Applicant to deposit sum of Rs.20,000/- in the Registry of this court on or before 30.04.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

e.

If cost is deposited within stipulated time as stated hereinabove, same can be withdrawn by the Claimant without furnishing any security.

f.

Civil application stands disposed off accordingly.

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g.

No order as to costs.

(K.K.TATED, J.) 3/3