United India Ins Co Ltd And ANR v. Durgadas Dagadu Bhagwat And ORS

1 55-CA-5794-11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 55 CIVIL APPLICATION NO. 5794 OF 2011 IN FA/1958/2010 UNITED INDIA INS CO LTD AND ANR

VERSUS

DURGADAS DAGADU BHAGWAT AND ORS ...

Advocate for Applicants : Mr. V.R. Mundada Advocate for Respondents No. 1 and 2 : Mr. B.V. Dhage CORAM : K.K. SONAWANE, J.

DATED : 13th NOVEMBER, 2017.

Order :- 1.

Heard learned counsel for applicants/appellants - Insurance Company as well as learned counsel for respondents No. 1 and 2original complainants. 2.

Perused the application and relevant documents produced on record. For the reasons stated in the application, there is no impediment to quash and set aside the impugned order passed by this Court on 20-04-2009 for dismissal of the first appeal against respondent No. 6 driver of the offending vehicle. The delay, if any, caused in filing the present application for restoration is hereby condoned. The application is accordingly allowed in terms of prayer clauses "B" and "C". The delay, if any, caused in filing the present application is condoned. The first appeal is hereby restored to its original stage. Registry to take requisite steps for further process. 3.

After restoration of the appeal to its original stage, re-issue notice to respondent No. 6 through paper publication by publishing it in the news paper "Daily Punyanagari". Registry to do the needful to facilitate the applicant-appellant - Insurance Company to publish the notice to be served to respondent No 6 through paper publication. Notice returnable on 18th December, 2017.

[ K. K. SONAWANE ] JUDGE MTK