National Insurance Co. Ltd. v. Dr. Prakash Shivdas Patil And ANR

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 6192 OF 2008 R.C. NO. 2018 OF 2004 CIVIL APPLICATION NO. 6200 OF 2008 R.C. NO. 2216 OF 2004 CIVIL APPLICATION NO. 6215 OF 2008 R.C. NO. 616 OF 2004 CIVIL APPLICATION NO. 1230 OF 2009 R.C. NO. 1087 OF 2010 CIVIL APPLICATION NO. 572 OF 2017 R.C. NO. 389 OF 2010 CIVIL APPLICATION NO. 573 OF 2017 R.C. NO. 153 OF 2010 CIVIL APPLICATION NO. 574 OF 2017 R.C. NO. 331 OF 2010 CIVIL APPLICATION NO. 575 OF 2017 R.C. NO. 409 OF 2009 CIVIL APPLICATION NO. 576 OF 2017 R.C. NO. 926 OF 2009 CIVIL APPLICATION NO. 577 OF 2017 R.C. NO. 51 OF 2006 CIVIL APPLICATION NO. 578 OF 2017 1/5

R.C. NO. 165 OF 2009 CIVIL APPLICATION NO. 583 OF 2017 R.C. NO. 404 OF 2009 CIVIL APPLICATION NO. 584 OF 2017 R.C. NO. 242 OF 2004 CIVIL APPLICATION NO. 585 OF 2017 R.C. NO. 568 OF 2007 CIVIL APPLICATION NO. 586 OF 2017 R.C. NO. 1327 OF 2005 CIVIL APPLICATION NO. 587 OF 2017 R.C. NO. 752 OF 2004 CIVIL APPLICATION NO. 588 OF 2017 R.C. NO. 254 OF 2010 CIVIL APPLICATION NO. 589 OF 2017 R.C. NO. 619 OF 2004 CIVIL APPLICATION NO. 590 OF 2017 R.C. NO. 912 OF 2005 CIVIL APPLICATION NO. 591 OF 2017 R.C. NO. 453 OF 2010 CIVIL APPLICATION NO. 594 OF 2017 R.C. NO. 754 OF 2001 CIVIL APPLICATION NO. 595 OF 2017 R.C. NO. 1056 OF 2010 2/5

CIVIL APPLICATION NO. 596 OF 2017 R.C. NO. 1865 OF 2010 CIVIL APPLICATION NO. 597 OF 2017 R.C. NO. 606 OF 2009 CIVIL APPLICATION NO. 598 OF 2017 R.C. NO. 1318 OF 2002 --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. S. N. Pillai for Applicant in CAF 6215/08. Mr. P. S. Kakade for Applicant in CAF 1230/09. Mr. Kuldip Singh for Applicant in CAF 572/17. Mr. Vikas Shivgan i/b. N. N. Patil for Applicant in CAF 577/17.

Mr. Akshay Kulkarni i/b. A. M. Kulkarni for Applicant in CAF 586/17.

G. B. Walawalkar i/b. S. P. Thorat for Applicant in CAF 594/17.

Ms Supriya Lopes with Sanjay Singh for Respondent in CAF 583/17.

CORAM : M. S. SONAK, J.

DATE: 06 MARCH 2017 COMMON ORDER :- 1] Heard learned counsel appearing for applicants / appellants in matters at Sr. nos. 11, 12, 13, 18, 23 and 29. Also heard learned counsel appearing for some of the respondents in the matter at sr. no. 20.

2] In all these matters, the appeals have already been dismissed for non prosecution on various dates between 3/5

the years 1997 and 2010. The applicants / appellants, have however, filed applications seeking restoration. However, no proper steps have been taken by the applicants/ appellants and therefore, the applications are pending till date.

3] The Registry, has put a noting that most of the casepapers in the appeals have been destroyed by following the Rules. If the applications for restoration are now to be considered, then it is necessary that the applicants / appellants cooperate in the matter of reconstruction of the record, which is again, permissible under the Rules. The Registry has pointed out that from time to time, opportunities were granted to the applicants / appellants to furnish fresh set of papers so as to reconstruct the files. However, since the applicants / appellants have not cooperated or furnished the same, these applications for restoration are pending.

4] In the aforesaid circumstances, six weeks time is granted to all the applicants / appellants to furnish fresh set of appeal papers. The applicants / appellants are further required to take fresh steps in the matter of service of notice upon respondents. In case, the applicants / appellants do not furnish fresh set of case-papers or complete service upon respondents within this stipulated period of six weeks, then, all these civil applications to stand dismissed for non prosecution without any further reference to this court. 5] In the matter at sr. no. 12, learned counsel for the applicant / appellant submits that the applicant / appellant 4/5

has expired. If this be the position, the legal representatives of the applicant / appellant may make proper application for setting aside abatement within this period of six weeks accompanied by application for condonation of delay. Again, if no steps are taken, within six weeks, applications / appeals to stand dismissed for non prosecution without any further reference to this court.

(M. S. SONAK, J.) Chandka 5/5