The New India Assurance Co. Ltd. Through Centralized Motro Tp Claims Hub, v. Mr, Julius T.J. Freitus And ORS.

6-caf-4631.16.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4631 OF 2016 WITH CIVIL APPLICATION NO. 4632 OF 2016 WITH CROSS OBJECTION (ST.) NO. 4752 OF 2017 IN FIRST APPEAL (ST.) NO. 30932 OF 2016 The New India Assurance Co. Ltd.

Through Centralized Motro TP Claims Hub.

...Applicant/ Appellant V/s.

Mr. Julius T.J. Freitas & Ors.

...Respondents

WITH CIVIL APPLICATION NO. 3616 OF 2019 IN FIRST APPEAL (ST.) NO. 30932 OF 2016 Mr. Julius T.J. Freitas ...Applicant In the matter of between :- The New India Assurance Co. Ltd.

Through Centralized Motro TP Claims Hub.

...Appellant V/s.

Mr. Julius T.J. Freitas & Ors.

...Respondents

Mr. Devendranath S. Joshi for the Applicant.

Mr. S.R. Singh i/by M/s. S.R. Singh & Co. for the Respondent Nos.1, 2, (2A) and 2(B) and cross objectionist in XOBST/4752/17. CORAM : R.D. DHANUKA, J.

DATE : 11TH NOVEMBER, 2019.

P.C. :- 1/2

6-caf-4631.16.doc 1.

Mr.Joshi, learned counsel appearing for the applicant states that no reliefs are pressed against the respondent no.3 and thus no notice is required to be served upon the respondent no.3. Statement is accepted. Learned counsel appearing for the respondent nos.1, 2, (2A) and 2(B) waives service. Heard learned counsel for the parties and have perused the averments made in the civil application. The applicant has explained delay of 26 days in filing the first appeal.

2.

The Civil Application No.4631 of 2016 is made absolute in terms of prayer clause (8-a). There shall be no order as to costs. (R.D. DHANUKA, J.) 2/2