New India Assurance Co. Ltd. v. Mathura Ganesh Phulzalke And ORS

1 CA 1079 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.1079 of 2016 In First Appeal No. 450 of 2013 New India Insurance Co. Ltd.

Aurangabad.

.. Applicant.

Versus

Mathura W/o Ganesh Phulzalke And Others.

.. Respondents.

-------- Shri. S.G. Chapalgaonkar, Advocate, for applicant. Shri. K.D. Bade Patil Advocate, for respondents 1 and 2. ---------- CORAM: T.V. NALAWADE, J.

DATE : 29th JANUARY 2016 ORDER:

1) This application is filed by the original appellant, Insurance Company, for restoration of the appeal by setting aside the order of dismissal. In view of the contentions made in the application and the submissions made, this Court holds that the application needs to be allowed.

2 CA 1079 of 2016 2) The application is allowed. The order of dismissal is hereby set aside. the appeal is restored to its original number. Call Record and Proceeding. List the matter for final disposal at admission stage on 25th April 2016. Print and paper book are dispensed with. Sd/- (T.V. NALAWADE, J. ) rsl