Kotak Mahindra General Insurance Company, Mumbai v. Tukaram Nathuram Savnekar And ORS.

503-FA-1046-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.16394 OF 2023 WITH INTERIM APPLICATION NO.18230 OF 2022 IN FIRST APPEAL NO.1046 OF 2022 Kotak Mahindra General Insurance Company ...Applicant

Versus

Tukaram Nathuram Savnekar & Ors.

...Respondents

____________________________________ Mr. Sarthak Diwan for the Applicant.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 17 OCTOBER, 2023.

P.C.:

INTERIM APPLICATION NO.16394 OF 2023 1.

Not on Board. Mentioned. Taken on Board.

2.

This Interim Application is filed for restoration of First Appeal. As per the conditional Order dated 6 September, 2023 passed by Registrar Judicial - II, First Appeal was dismissed on account of non-supply of copies for serving the Respondents. 3.

I have heard both the sides and I have gone through the by SUNNY ANKUSHRAO THOTE Date: 2023.10.25 10:50:24 +0530 SUNNY ANKUSHRAO THOTE contents of the Interim Application. I am satisfied that grounds are made out to allow the Interim Application. This Interim 1/2 Sunny Thote

503-FA-1046-2022.doc Application is allowed in terms of prayer clause (b) and (c). 4.

Further time of two weeks granted to the Applicant to supply copies to the Department for serving the Respondents. 5.

Apart from the Court notice, the Applicant is permitted to serve private notice by all permissible modes of service and file Affidavit of Service before the next date of hearing. INTERIM APPLICATION NO.18230 OF 2022 1.

The Advocate for the Applicant states that as per the directions given by this Court and Order dated 24 March, 2023, the Applicant has deposited the entire "Award" amount before the concerned MACT.

2.

In view of the same, stay granted by this Court by Order dated 24 March, 2023 is extended till the disposal of the First Appeal.

3.

Interim Application is accordingly disposed off. 4.

Interim Application No.18230 of 2022 is also disposed off.

(RAJESH S. PATIL, J.) 2/2 Sunny Thote