United India Insurance Co. Ltd., Thr Divisional Manager, Aurangabad v. Sukumarbai Suryakant Nikam And ORS

{1} 14 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO.808/2018 IN FAST/603/2018 UNITED INDIA INSURANCE CO. LTD. THE DIVISIONAL MANAGER, AURANGABAD

VERSUS

SUKUMARBAI SURYAKANT NIKAM AND OTHERS.

...

Advocate for Applicants : Mr. S.G. Chapalgaonkar Adv. for Respondent 2 : Mr. Ram S. Shinde CORAM : K.K. SONAWANE, J.

DATE : 8th JUNE , 2018.

PER COURT:

Heard learned counsel for the appellant/applicant insurance company and the original claimants. Despite service of notice no one turned up on behalf of respondent No.4 owner of the offending vehicle. In view of the reasons mentioned in the application, there is no impediment to condone the delay of 27 days caused in failing the appeal. Accordingly, the application stands allowed in terms of prayer clause (B). Delay caused in filing the appeal is hereby condoned. Registry to take requisite steps for further process.

On registration of appeal, issue notice to respondents. Mr. Ram S. Shinde, advocate waives notice for respondent Nos.1 to 3. Issue notice to respondent No.4 returnable on 28.6.2018. In addition to regular mode of service, appellants to serve the notice privately to respondents and file affidavit of service with tangible proof on or before the returnable date. [K.K. SONAWANE] JUDGE.

grt/-