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Bombay High CourtIA/113/2019disposed off

Smt. Kanta Shashikant Jadhav And ORS. v. Mr. Raghvendra Krushna Nayak And ANR.

2022-07-19Hon'Ble Shri Justice Milind N. Jadhav3 pages

S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 25165 OF 2019 WITH INTERIM APPLICATION NO. 116 OF 2019 IN FIRST APPEAL (ST.) NO. 25165 OF 2019 WITH FIRST APPEAL (ST.) NO. 25161 OF 2019 WITH INTERIM APPLICATION NO. 113 OF 2019 IN FIRST APPEAL (ST.) NO. 25161 OF 2019 Kanta Shashikant Jadhav ..Applicant/Appellant

Versus

Raghavendra Krushna Nayak and Anr.

..Respondents ....................

 Mr. Sanjeev B. Deore a/w. Ms. Suchita Pawar i/by Adityaraj Gaikwad for the Applicant / Appellant ...................

CORAM :MILIND N. JADHAV, J.

DATE :JULY 19, 2022 P.C.

:

Mentioned not on Board - First Appeal (st.) No. 25161 of 2019 and Interim Application No. 113 of 2019

1. Heard Mr. Deore, learned counsel for the Applicant.

2. Appellant - Kanta Shashikant Jadhav has filed the First Appeal to challenge the judgment and order dated 05.10.2018 passed by the learned trial court for seeking enhancement in compensation. In Interim Application No. 113 of 2019 there is a delay of 240 days whereas in Interim Application No. 116 of 2019 there is a delay of 108 days in filing the First Appeal.

3.

The reasons for delay are adequately mentioned in the body of the application and there is no reason to disbelieve the same.

4. In view of the above, both Interim Application Nos. 113 of 2019 and 116 of 2019 stand allowed in terms of prayer clause (a) of the respective Applications.

5. Interim Application Nos. 113 of 2019 and 116 of 2019 stand disposed of.

6. Applicant shall number the First Appeals within a period of one week from today.

7. Mr. Deore, learned Advocate for the Applicant submits that address of respondent No.2 - Insurance Company has changed and he desires to correct the present address of respondent No.2.

8. Leave to amend granted. Amendment to be be carried out forthwith. Re-verification stands dispensed with.

9. Mr. Deore shall inform Respondent Nos. 1 and 2 about the next date of hearing in the present matters.

10. Issue notice to Respondents. In addition to service of notice through Court, Applicant shall serve a private notice by Registered Post A.D. and / or by Courier, by hand delivery or by e-mail/fax on Respondents and shall file affidavit of service with tangible proof before the returnable date.

11. First Appeal to appear on board on 2nd August, 2022. [ MILIND N. JADHAV, J. ] by SONALI SATISH KILAJE Date:

2022.07.20 17:39:47 +0530 SONALI SATISH KILAJE