New India Assurance Co Ltd Aurangabad v. Rukhminibai Lala Sontakke And ORS

1 943 CA-8846-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8846 OF 2016 IN FA/1808/2010 NEW INDIA ASSURANCE CO LTD AURANGABAD

VERSUS

RUKHMINIBAI LALA SONTAKKE AND OTHERS ...

Advocate for Applicant : Mr. M.A.Deshmukh h/f. Mr. S.G.Chapalgaonkar ...

CORAM : K.K. SONAWANE, J.

DATED : 24TH NOVEMBER, 2017.

Order :- Heard learned counsel for applicant. Perused the application. It appears that, proceedings of appeal came to be dismissed for non removing the office objection within stipulated period.

2.

In view of the nature of subject matter and reasons mentioned in application, I do not find any impediment to extend one more opportunity to the applicant to pursue the appeal for substantial justice. Hence, civil application stands allowed in terms of prayer clause 'B' and 'C'. The delay caused for filing present application is condoned. The order of dismissal of appeal for not removing the objection passed by learned Registrar dated 15-10-2013, stands setaside and quashed. The proceedings of appeal be restored at it's original stage. The applicant to remove the office objection within two weeks after restoration of the appeal. The applicant is permitted to remove the office objection. The Registry to take note about the same. After due compliance, list the matter in due course. 3.

Accordingly, civil application stands disposed of in above terms.

[ K. K. SONAWANE ] JUDGE rrd.