Mr. Uday Krishna Mane v. The New India Assurance Co. Ltd. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4347 OF 2019 IN FIRST APPEAL (ST) NO.24295 OF 2018 WITH FIRST APPEAL (ST) NO.24295 OF 2018 MR. UDAY KRISHNA MANE )...APPLICANT V/s.

THE NEW INDIA ASSURANCE CO. LTD.& ORS.)...RESPONDENT WITH CIVIL APPLICATION NO.606 OF 2019 IN FIRST APPEAL (ST) NO.24295 OF 2018 Ms.Tejal a/w. Ms.Shalu Tanwar i/b. Mr.Bhushan Walimbe, Advocate for the Applicant / Appellant.

Ms.Poonam Mittal, Advocate for the Respondent No.1.

CORAM

:

ABHAY AHUJA, J.

DATE :

13th JUNE 2023 P.C. :

1.

This is an application for bringing on record the heirs of deceased Respondent no.3. There is a delay of 1 year and 303 days in preferring this application. Learned Counsel for the Applicant draws the attention of this Court to paragraph 2 which avk 1/3

contains the names of the heirs to be brought on record. She submits that the information has been given to them by the family members of the deceased Respondent no.3. She also submits that the delay has been caused as the applicant was not aware about the death of Respondent no.3 and as such, no prejudice would be caused to the other parties, if the delay is condoned and the heirs are allowed to be brought on record.

2.

Ms.Mittal for Respondent no.1 - Insurance Company has no objection if the application is allowed.

3.

Having heard the learned Counsel and having perused the application, the application is allowed in terms of Prayer Clauses (a) and (b). Let the amendment be carried out within a period of two weeks and an amended copy of the First Appeal be served on the other parties by the next date.

4.

The Interim Application No.4347 of 2019 stands disposed. avk 2/3

FIRST APPEAL (ST) NO.24295 OF 2018 1.

List on 12th July 2023.

(ABHAY AHUJA, J.) avk 3/3