United India Insurance Co Ltd v. Ratnamala Yellappa Mirkar And ORS

{1} 929 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 929 CA/7358/2010 IN FAST/10687/2010 RATAMALA YELLAPPA MIRTKAR AND OTHERS

VERSUS

UNITED INDIA INSURANCE CO. , AURANGABAD AND OTHERS ...

Advocate for Applicants : Mr. Pavankumar S. Agrawal Adv. for Respondents: Mr. Swapnil Dargad CORAM : K.K. SONAWANE, J.

DATE : 30th November, 2017.

PER COURT:

1] Heard learned counsel for the applicant and respondent Nos. 1 to 4 and 6 - original claimants. Despite service of notice, none appears for respondent No.7.

2] Perused the application. There is a delay of 68 days for filing the first appeal against the impugned judgment passed by the Tribunal, imposing joint and several liability original claimant. 3] In view of nature of subject matter and for the reasons mentioned in the application, there is no impediment to condone the delay. Accordingly, the application stands disposed of in terms fo prayer clause (B). Registry to take requisite steps for further process. On registration of appeal, issue notice to respondents. The learned counsel Shri P.S. Agrawal waives notice for respondent Nos. 1 to 4-original claimants. In addition to regular mode of service, appellants to serve the notice privately to respondent No.7 and file affidavit of service with tangible proof on or before the returnable date.

4] Matter be listed on 18.1.2018 for further process. [K.K. SONAWANE] JUDGE.

grt/-