New India Assurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Sabiya Balam Shaikh And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO.5456 OF 2018 IN FAST/11453/2018 WITH CA/5457/2018 IN FAST/11453/2018 NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD

VERSUS

SABIYA BALAM SHAIKH AND ORS ...

Advocate for Applicant : Mr. Kadethankar Ajit B. Mr. Wagh Umakant U For R/1 To 6;

Resp.No.7 is served;

Mr. Deshpande Avinash S. For R/8;

Resp.no.9 is Served through Publication ...

CORAM : P.R. BORA, J.

Dated: September 28, 2018 ...

PER COURT :- 1.

All the respondents are duly served.

Advocate Shri Wagh appears for original claimants. 2.

Heard learned counsel for applicant insurance company and learned counsel for the original claimants.

3.

For the reasons stated in the application, which according to me are just and sufficient, the delay of 26 days caused in filing the appeal is condoned. The CA for condonation of delay stands BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD disposed of.

4.

In view of the fact that the insurance company has deposited the entire amount, as was directed by this Court, the interim relief granted on 24th April, 2018 is made absolute. CA for stay stands disposed of.

5.

The appeal be registered in accordance with law. On registration of the appeal, issue notice to the respondents, returnable on 22nd November, 2018. Learned Counsel for the respondents waive service for respective respondents.

6.

The appellant is permitted to serve Respondent No.9 by way of paper publication as was done while serving the notice in CA for condonation of delay.

( P.R. BORA, J. ) ...

BDV