Mr. Rajesh Chajuram Nayak v. Mr. Lalbahadur V. Yadav And ANR.

Chaitali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.16636 OF 2018 WITH INTERIM APPLICATION (ST) NO. 22179 OF 2022 IN FIRST APPEAL (ST) NO.16636 OF 2018 Reliance General Insurance Co. Ltd.

...Appellant/ Applicant

Versus

Mr. Rajesh Chajuram Nayak and Anr.

...Respondents

WITH INTERIM APPLICATION NO. 2354 OF 2019 IN FIRST APPEAL (ST) NO.16636 OF 2018 ---------- Ms. D. Shalini Shankar, for the Appellant/Applicant. Ms. Kiran Yadav i/b Avinash Gokhale, for the Respondent No.1. ---------- CORAM :

R.I. CHAGLA J DATE :

23RD NOVEMBER, 2022 ORDER :

1.

The Applicant has sought condonation of delay in filing the 1/3

present Interim Application. Further, relief is sought for recall of order dated 13th August, 2022 passed by this court and for restoration of First Appeal (Stamp) No. 16636 of 2018 with Interim Application No. 2354 of 2019.

2.

Learned Advocate for the Applicant has stated that the First Appeal was rejected for non removal of office objection is required to be restored and upon restoration, Interim Application No. 2354 of 2019 is to be withdrawn along with the First Appeal. 3.

In that view of the matter the First Appeal (St) No. 16636 of 2018 together with the Interim Application No. 2354 of 2019 is restored by condoning the delay in filing the Interim Application and by recall of the order dated 13th August, 2022. 4.

Interim Application (St.) No. 22179 of 2022 is accordingly disposed of.

5.

The Learned Advocate for the Appellant seeks leave to withdraw the First Appeal unconditionally.

2/3

6.

In view thereof, the First Appeal is disposed of as withdrawn. 7.

The Interim Application No. 2354 of 2019 does not survive and is accordingly disposed of.

[R.I. CHAGLA J.] 3/3