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Bombay High CourtCA/3466/2015delay condonatedrejected

New India Assurance Company Ltd. v. Kashinath Radhakisan Wagh And Another

2021-10-25Hon'Ble Shri Justice R. G. Avachat2 pages

14-ca-3466-2015.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3466 OF 2015 IN FIRST APPEAL STAMP NO. 7771 OF 2015 New India Assurance Company Ltd.

... Applicant

Versus

Kashinath Radhakisan Wagh and another ... Respondents ....

Mr. S. G. Chapalgaonkar, Advocate for applicant Mr. S. S. Dev, Advocate for res[pondent No.1 ....

CORAM : R. G. AVACHAT, J.

DATED : 25th OCTOBER, 2021 PER COURT :- .

Heard.

2.

For the reasons given in the application, the same is allowed in terms of prayer clause (B).

3.

Appeal be registered.

4.

Shri S. S. Dev, learned Advocate waives for respondent No.1.

(( 2 )) 14-ca-3466-2015 5.

On 13.03.2015, while notice on application for delay condonation was issued to the owner of the vehicle, it was for final hearing of the appeal at admission stage itself. In spite of service of notice, the respondent No.2 - owner of the vehicle has not marked his appearance. The appeal would, therefore, be heard in his absence.

6.

Stand over to 16th November, 2021.

[ R. G. AVACHAT, J. ] SMS