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Bombay High CourtWP/5381/2017disposed offdismissed for default

The Oriental Insurance Co Ltd Through Its Authorized Signatory Aurangabad v. Babulal Seva Dholke And Others

2018-02-28Hon'Ble Shri Justice V.K. Jadhav2 pages

915-WP-5381-2017 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 WRIT PETITION NO. 5381 OF 2017 THE ORIENTAL INSURANCE CO LTD THROUGH ITS AUTHORIZED SIGNATORY AURANGABAD

VERSUS

BABULAL SEVA DHOLKE AND OTHERS .....

Advocate for Petitioner : Mr. Deshpande Dhananjay P. Advocate for Respondent No.1 : Mr. Mayure Pramod C. .....

CORAM : V. K. JADHAV, J.

DATED : 28th FEBRUARY, 2018 PER COURT:- 1.

Both the counsel appearing for the parties agree that the subsequent order passed by the Member, Motor Accident Claims Tribunal, Jalna below Exhibit 61 permitting the present petitioner/original opponent no.2 to prove the documents filed alongwith the list Exhibit 55, would nullify the effect of the order passed below Exhibit 56, which is impugned in this Writ Petition. 2.

In view of the above submissions, if at the later stage, the learned Member of the Tribunal, though rejected the application Exhibit 61 seeking adjournment, permitting the present

915-WP-5381-2017 -2petitioner/original opponent no.2 to examine any witnesses to prove the documents filed alongwith the list Exhibit 55, obviously that has to be read in the manner that the Court since permitted the petitioner/original opponent no.2 to examine the witnesses to prove the documents submitted alongwith the list Exhibit 55, itself nullified the effect of the earlier order passed below Exhibit 56.

3.

In view of the above observations, the Writ Petition is disposed of. No costs.

( V. K. JADHAV, J.) vsm/