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Bombay High CourtCA/6345/2019disposed offdismissed for default

Tata Aig General Insurance Co. Ltd., Thr Its Manager, v. Nita Manohar @ Bhausaheb Kadam And ORS

2019-08-02Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1055-ca-5395-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1055 CIVIL APPLICATION NO.5395 OF 2019 IN FA/3550/2018 WITH CA/6345/2019 IN FA/3552/2018 ARUN RAOSAHEB CHAVAN THR HIS NEXT FRIEND HIS MOTHER ANITA

VERSUS

TATA AIG GENERAL INSURANCE CO. LTD., THR ITS MANAGER, AND ANR ...

Advocate for Applicant : Mr. R.L. Adne h/f Mr. A.A. Nimbalkar Advocate for Respondent No.1 : Mr. R.H. Dahat & S.S. Patil Advocate for Respondent No.2 : Mr. V.P. Latange ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 2nd AUGUST, 2019.

ORDER :

.

Learned Advocate Mr. R.L. Adne holding for Mr. A.A. Nimbalkar appearing for respondent in First Appeal No.3550 of 2018 seeks accommodation.

2.

It is to be noted that the said appeal is tagged along with first appeal No.3552 of 2018 in which civil application No.6345 of 2019 has been filed by the appellant therein for reissuance of notice to respondent No.6. Unless the said process is heard, the matter cannot be taken for final hearing.

1055-ca-5395-19.doc 3.

Under such circumstance, Civil Application No.6345 of 2019 is allowed. Re-issue notice to respondent No.6 in First Appeal No.3552 of 2018, returnable on 11.10.2019. Liberty is given to learned Advocate for the appellant to serve respondent No.6 by private permissible mode subject to filing of affidavit of service. ( Smt. Vibha Kankanwadi, J. ) Shubham/