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Bombay High CourtCA/5945/2018disposed offdismissed for default

The New India Assurance Co. Ltd., Thr Its Divisional Manager, Aurangabad v. Vijay Pandurang Deshmukh Died Thr Lrs Jamwantabai Pandurang Deshmukh And ORS

2018-09-28Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CA/5945/2018 IN FAST/13359/2018 WITH CA/5946/2018 IN FAST/13359/2018 THE NEW INDIA ASSURANCE CO. LTD., THR ITS DIVISIONAL MANAGER, AURANGABAD AND ORS

VERSUS

VIJAY PANDURANG DESHMUKH DIED THR LRS JAMWANTABAI PANDURANG DESHMUKH AND ORS.

...

Advocate for Applicants : Mr.Dhananjay P.Deshpande; Mr. Mayure Pramod C, Adv. For Resp.No.1;

Mr. MS Deshpande, Adv. For Resp.Nos. 2 & 3;

Mr. SN Deshmukh, Adv. For Resp.No.4.

...

CORAM : P.R. BORA, J.

Dated: September 28, 2018 ...

PER COURT :- 1.

Heard learned counsel for applicant and learned counsel for the respondents.

2.

For the reasons stated in the application, which according to me are just and sufficient, the delay of 17 days caused in filing the appeal is condoned. CA for condonation of delay is disposed of.

3.

In view of the fact that the insurance company has deposited the entire amount, the interim BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD stay granted by this court in favour of the applicant is made absolute. CA for stay stands disposed of.

4.

Appeal be registered in accordance with law. On registration of the appeal, issue notice to the respondents. Learned counsel waive service for respective respondents. Service complete.

5.

With consent of learned counsel for parties, list the matter for final disposal at the stage of admission after four weeks.

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

BDV