Arun Laxman Mohane v. The New India Assurance Co. Ltd. Jalgaon And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 6135 OF 2018 FIRST APPEAL NO. 809 OF 2011 ARUN LAXMAN MOHANE

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. AND ORS ...

Advocate for Appellant : Mr. Bhokarikar Madhav M Advocate for Respondent no.1 : Mr. S.G.Chapalgaonkar Advocate for Respondent no.4 : Mr.Kamar Mujawar .....

CORAM : SUNIL K. KOTWAL, J.

DATE : NOVEMBER 26, 2018 O R D E R :

Appeal against respondent no.2 is dismissed for not taking steps.

This application is for condonation of delay of 1472 days caused in filing the application for restoration of First Appeal. In Motor Accident Claim Petition, respondent no.2 is owner of the offending vehicle. Therefore, his presence is necessary for proper adjudication of this litigation.

Considering this circumstance, for the reasons stated in the application, delay of 1472 days caused in

ca6135.18 filing this application for restoration is condoned. Appeal against respondent no.2 is restored at its original stage. Permission is granted to the applicant/appellant to serve respondent no.2 by alternate mode i.e. by service through news paper publication.

Permission is granted to publish notice to respondent no.2 in daily news paper "Punyanagari Edition" having circulation in Taluka Pachora, District Jalgaon.

Civil Application is disposed of.

List the First Appeal for hearing on 10.1.2019.

[SUNIL K. KOTWAL, J.] dbm