The New India Assurance Co.Ltd. v. Smt.Baby Vishwanath Shetty And ORS.
osk 28-caf-2027-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2027 OF 2018 IN R.C. NO. 1921 OF 2017 The New India Assurance Co. Ltd.
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Applicant V/s.
Smt.Baby Vishwanath Shetty & Ors.
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Respondents • Ms.Poonam Mittal for the Applicant.
CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.
DATE : 13th JUNE, 2018.
P.C. :
1] This is an application for restoration of the First Appeal which came to be dismissed for non prosecution of the office objection. The office objection was that the number of days of the delay were not mentioned. Learned counsel for the Applicant submits that the Applicant is ready to comply with the office objection within a period of 8 days.
2] Subject to removal of the office objection, the Civil Application is restored to its original file. 3] It is submitted that the Applicant has deposited the entire amount of compensation before the Tribunal.
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osk 28-caf-2027-2018.odt 4] In view thereof, the stay is granted to the execution of the impugned judgment and decree.
5] The Civil Application is disposed of accordingly. 6] On restoration of the First Appeal, issue notice to the Respondents through the Court, returnable on 1st August, 2018. In addition to the Court notice, private notice is also permitted. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2