Ifco Tokio General Insurance Co. Ltd. v. Mrs. Rohini Santosh Bhasme And ORS.

56 caf 2713 -19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2713 OF 2019 in FIRST APPEAL NO. 32 OF 2016 IFCO Tokio General Insurance Co. Ltd.

..Applicant v/s.

Smt. Rohini Santosh Bhasme & Ors.

..Respondents Mr. Abhijit P. Kulkarni for the Appellant/Applicant. Mr. Vasant Kadam I/b. Yuvraj P. Narvankar for the Respondent Nos.1 to 4.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th AUGUST, 2019.

P.C.

1.

By this application, the applicant-original appellant has sought to condone the delay of 358 days in filing the application and further restore the First Appeal No. 32 of 2016 which has been dismissed for non compliance of the order dated 23.12.2015. 2.

By order dated 23.12.2015, the appellant was directed to file private paper book within one year. The appellant was put to notice that the appeal would stand dismissed in the event of non filing of pps

56 caf 2713 -19.doc the paper book within stipulated time. Non compliance of the said condition has resulted in dismissal of the appeal. 3.

The learned Counsel for the applicant undertakes to comply with the condition within two weeks. Statement accepted. In the light of the said statement, and in view of the reasons stated in para 4 of the application, which in my considered view constitute sufficient cause, the delay is condoned. Appeal is ordered to be restored to the file.

4.

Civil Application stands disposed of.

Digitally signed by Prasanna P.

Salgaonkar Date:

2019.08.21 13:30:22 +0530 Prasanna P.

Salgaonkar (ANUJA PRABHUDESSAI, J.) pps