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Bombay High CourtCA/2232/2024admittedallowedgrantedrule absolute

Chola Mandalam Ms General Insurance Co Ltd v. Smt Hemlata Hasmukh Jain And 5 Others

2024-11-22Hon'Ble Shri Justice Kishore C. Sant3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 7678 OF 2024 IN FAST/4934/2024 AND CIVIL APPLICATION NO. 2232 OF 2024 IN FAST/4934/2024 AND CIVIL APPLICATION NO. 2233 OF 2024 IN FAST/4934/2024 SMT HEMLATA HASMUKH JAIN AND ORS ....Applicants

VERSUS

CHOLAMANDALAM MS GENERAL INSURNACE COMPANY LIMITED AND ORS .....Respondent Mr. A. S. Usmanpurkar, Advocate for the applicants CORAM : KISHORE C. SANT, J.

DATE : 22nd NOVEMBER, 2024 P. C.

DELAY 1.

All are served.

2.

In spite of service the respondents have not caused

(2) appearance.

3.

Since the delay is only for 40 days this court is inclined to allow the application.

4.

For the reasons stated in the application, the delay stands condoned. The application stands allowed. 5.

Office to register the appeal.

STAY 1.

Since the amount is already deposited as per the impugned judgment and award, there shall be stay to the impugned judgment and award till disposal of the appeal. APPEAL 1.

Issue notice to the respondents, returnable on 24-012025.

(3) 2.

Since last two occasions none appeared for the applicant.

3.

It is pointed out that R & P is already received. 4.

Parties are put to notice that if time permits this court may take up the matter for final disposal at the stage of admission.

[KISHORE C. SANT, J.] VishalK/924ca7678.24