The New India Assurance Co-Ltd. v. 1) Omprakash Mithailal Gupta And Others

skc 29-FA-1945-11=WITH.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1945 OF 2011 WITH CIVIL APPLICATION NO. 4272 OF 2011 IN FIRST APPEAL NO. 1945 OF 2011 WITH CIVIL APPLICATION NO. 6 OF 2017 IN FIRST APPEAL NO. 1945 OF 2011 The New India Assurance Co. Ltd.

.. Appellant / Applicant vs.

Omprakash M. Gupta & Anr.

..Respondents Mr. D. R. Mahadik for Appellant / Applicant. Ms Supriya Lopes h/f. A. M. Gokhale for Respondent No. 1. CORAM : M. S. SONAK, J.

DATE: 16 JANUARY 2017 P.C :

1] Civil application no. 6 of 2017 is allowed in terms of prayer clauses (A) and (B). There is no delay, hence, there is no question of condonation of any delay.

2] However, considering the amount of time the applicant / appellant - insurance company has taken only in order to serve respondent no. 2, the applicant is directed to pay costs of Rs.2,500/- (Rupees Two Thousand Five Hundred) to the claimant i.e. respondent no. 1. Such costs to be paid within a period of four weeks from today.

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skc 29-FA-1945-11=WITH.doc 3] Further, learned counsel appearing for respondent no. 1 - claimant complains that she has not been furnished copy of memo of appeal. Learned counsel for the appellant undertakes to provide copy of the memo of appeal within a period of four weeks from today simultaneously with the amount of costs. 4] Civil application no. 6 of 2017 is disposed of. (M. S. SONAK, J.) Chandka 2/2