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Bombay High CourtIA/30133/2022allowed

The New India Assurance Co. Ltd. Through Mumbai Regional Office No. 1 v. Babulal Dharamchand Jain (Deceased) Thr. Lrs. Chetankumar B Jain

2022-12-15Hon'Ble Shri Justice Shivkumar Dige2 pages

11-ia-30133-2022 in fa-148-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.30133 OF 2022 IN FIRS APPEAL NO.148 OF 2015 The New India Assurance Co. Ltd.

Thr. Mumbai Regional Off. No.1 ...Applicant

IN THE MATTER BETWEEN

by NILAM SANTOSH KAMBLE Date: 2022.12.16 18:33:45 +0530 NILAM SANTOSH KAMBLE The New India Assurance Co. Ltd.

Thr. Mumbai Regional Off. No.1 ...Appellant

Versus

Babulal Dharamchand Jain (Decd.) Thr. Lrs. Chetankumar B. Jain

...Respondent

---- Mr.Devendranath S. Joshi, for the Applicant.

Mr.Tejpal S. Ingale for Respondent No.1(A) to 1(H). ---- CORAM : S.G. DIGE, J.

DATE : 15 DECEMBER 2022 P.C:- .

Heard learned counsel for the Applicant and the learned counsel for the Respondent.

2.

The learned counsel for the Applicant submit that during pendency of the Appeal Respondent No.1 is died. Hence, his legal heirs are necessary to take on record and requested to allow the Application.

N.S. Kamble page 1 of 2

11-ia-30133-2022 in fa-148-2015.doc 3.

Considering the submission of the both the counsel and the reasons mentioned in the Application, the Application is allowed in terms of prayer clause (a), (b) and (c). 4.

The Applicant to carry out amendment within one week.

5.

Stand over to 20 December 2022.

(S.G. DIGE, J.) N.S. Kamble page 2 of 2