Icici Lombard General Insurance Company Limited Throug Legal Manager Mr. Satpalsingh Rajput v. Mr. Mohammed Nizam Shaikh And ANR.

22 caf4137-15.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4137 OF 2015 IN FIRST APPEAL (ST.) NO.34622 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Nikhil Mehta i/b M/s.KMC Legal Venture for the applicant Mr.K.K.Malpathak for the respondent no.1 CORAM : K. K. TATED, J DATE : APRIL 30, 2019 P.C.:

.

Heard.

Office note shows that Civil Application stands dismissed against Respondent no.2.

By this Civil Application, Insurance Company is seeking condonation of 265 days delay in filing First Appeal challenging the judgment and award dated 3.1.2014 passed by MACT, Thane in MACP No.409 of 2009.

Mohite 1/2

22 caf4137-15.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a) Delay in filing the First Appeal is condoned.

b) Registry is directed to make appropriate noting in cause title of First Appeal that First Appeal stands dismissed against Respondent no.2 c) Civil application stands disposed of accordingly.

d) No order as to costs.

(K.K.TATED, J.) Mohite 2/2