Bajaj Allianz General Insurance Co. Ltd. v. Shri. Surji Popatlal Gada And ORS.

929 CAF 3995 OF 2018 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3995 OF 2018 IN R.C. NO.215 OF 2017 Bajaj Allianz General Insurance Co.ltd ...

Applicant.

V/s.

Shri.Surji Popatlal Gada and ors ...

Respondents Mr. Devendranath S. Joshi, for the applicant. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 1st NOVEMBER, 2018.

P.C. :

1] Heard learned counsel for the applicant Insurance company.

2] Learned counsel for the applicant submits that the appeal came to be dismissed as the statutory deposit of Rs.25,000/-was not deposited and the Court fee was not paid.

3] It is submitted that the challan for the payment of the Court fee was generated before the dismissal of the appeal. However, due to inadvertence the appellant could not tender the same in Court. 4] As regards statutory deposit, it is submitted that the Demand Draft for statutory deposit is ready and he will be depositing 1/2

929 CAF 3995 OF 2018 the same in the Court today itself.

5] In view thereof, application is allowed by condoning the delay in filing this application and the Appeal is restored to it's original stage subject to compliance of this order by today itself. 6] Stand over to 02.11.20118.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2