The Manager Cholamandalam General Insurance Company Ltd v. Savita Ravji Chande And 4 Others

28-sr980.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 980 CIVIL APPLICATION NO. 2557 OF 2025 IN FAST/11938/2024 Savita Ravji Chande And Ors

VERSUS

Principal, Dnyanvardhini Central School And Anr ---- Mr.Shaikh Sohail Yusuf, Advocate for applicants Mr.A.S.Usmanpurkar, Advocate for respondent no.2 ---- WITH CIVIL APPLICATION NO. 4990 OF 2024 IN FAST/11938/2024 Cholamandalam General Insurance Company Ltd.

vs.

Savita Ravji Chande and ors.

---- Mr.A.S.Usmanpurkar, Advocate for applicant Mr.Shaikh Sohail, Advocate for respondent nos.1 to 3 ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 18, 2025 ORDER :- Civil Application No.2557 of 2025 for withdrawal of amount is to be heard together with First Appeal.

First Appeal (Stamp):- 2.

Today, Mr.Sk. Sohail, learned counsel for the respondents - original claimants, submits that claimant no.4 has

28-sr980 died on 04.01.2024. He further submits that other claimants, i.e. present respondent nos.1 to 3 are the only legal representatives of deceased respondent no.4. He further submits that at his risk, the appellant - Insurance company may be permitted to amend the title clause accordingly. In view of that, the appellant - Insurance company is permitted to amend the title clause of the appeal as also the Civil Application filed by the insurance company in the appeal. C.A. for Delay :- 3.

This is an application for condonation of delay of 82 days in challenging the judgment and award impugned in the First Appeal. Mr.Osmanpurkar, learned counsel, submits that the entire payable award amount is deposited in this court together with interest accrued.

4.

Mr.Sohail Shaikh, learned counsel, though reluctantly, but concedes to condone the delay. 5.

The Civil Application for condonation of delay is allowed. Delay of 82 days in filing the First Appeal, is

28-sr980 condoned. Registry to register the First Appeal, provided that the appellant removes all the office objections within two weeks from today. On registration, issue notice to the respondents. Mr.Sohail Shaikh, learned counsel, waives notice for the respondent nos.1 to 3.

6.

The matter be listed after service of notice is complete. In the meantime, applicant/appellants shall take recourse to Chapter II of the Bombay High Court Appellate Side Rules, 1960, corresponding to the position of the matter.

7.

Office objections be removed within two weeks, failing which the matter shall stand dismissed automatically without reference to the court.

8.

Call Record and Proceedings.

[AJIT B. KADETHANKAR, J.] KBP