Mrs Shewantabai Gangaram Rodekar v. United Ins Co Ltd And ORS

CA 7583/05 in X-Obj.___ in FA 19/98 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7583/2005 IN CROSS OBJECTION PETITION NO. /2005 IN FIRST APPEAL NO.19/1998 Shewantabai w/o Gangaram Rodekar and others.

...Applicants..

Versus

United India Insurance Co.Ltd.

& others.

...Respondents...

.....

Shri D.Y. Nandedkar, Advocate for applicants. Shri D.V. Soman, Advocate for respondent nos.1 & 2. Shri U.B. Bilolikar, Advocate for respondent no.4. .....

CORAM: M.S. SONAK, J.

DATE: 30.01.2018 ORDER :

1] Learned counsel for the applicants files newspaper as evidence of substituted service by way of publication. The same is taken on record and marked as 'X' for identification.

2] The delay of 40 days in filing the Cross Objections is sufficiently explained and, therefore, the same is

CA 7583/05 in X-Obj.___ in FA 19/98 - 2 - condoned.

3] Learned counsel for the respondent nos.1 & 2 - original appellants points out that the appeal itself is dismissed. However, the learned counsel for the applicants points out that the Cross Objections were filed when the appeal was pending, though it was filed after delay of 40 days. Since in this case, the delay is properly explained, the same is condoned.

4] The Cross Objections are posted on 07.02.2018 at 230 p.m. for final disposal. (M.S. SONAK, J.) ndk/c3011812.doc