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Bombay High CourtIA/3369/2019disposed off

Bajaj Alianz General Insurance Co.Ltd. v. Shri.Kiran Narayan Avadhuta And ANR

2019-12-16Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 26.ia-1.19 in rc-148.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1 OF 2019 ALONG WITH CIVIL APPLICATION NO.2899 OF 2017 IN REJECTED CASE NO.148 OF 2018 Bajaj Allianz General Insurance Co. Ltd.

..

Applicant/Appellant Vs.

Kiran Avadhuta & Anr.

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Respondents --- Mr.Pandit Kasar for the applicant/appellant. None for the respondents.

--- CORAM : R.D.DHANUKA, J.

DATE : 16th December 2019 P.C.:

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Mr.Kasar, learned counsel for the applicant states that there was inadvertent delay in depositing the amount as directed by an order dated 27th September 2018 for which the reasons are recorded in the interim application. Reasons recorded in the interim application are accepted. Interim application is accordingly disposed of. 2.

The order dated 27th September 2018 passed by this Court thereby dismissing the First Appeal (St.) No.15907 of 2017 for noncompliance of the conditional order is recalled. Delay in depositing the amount is condoned.

ppn 2 26.ia-1.19 in rc-148.18.doc 3.

In view of the fact that the applicant has already deposited the amount, there is no necessity to recall the order dated 31st October 2018. Delay in filing the civil application is condoned. First Appeal (St.) No.15907 of 2017 is restored to file. Civil Application No.2899 of 2018 is disposed of on aforesaid terms.

4.

If there are any other office objections, the same shall be removed within four weeks from today. It is made clear that no further extension of time would be granted. If the office objections are not removed within the time prescribed, First Appeal (St.) No.15907 of 2017 to stand dismissed without further reference to the Court. R.D.DHANUKA, J.