The National Insurance Co. Ltd., Thr Its Manager, Aurangabad v. Aruna Raghunath Chaudhari And Others

CA in FAST - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1006 CIVIL APPLICATION NO. 9628/2018 IN FA/1317/2016 THE NATIONAL INSURANCE CO.LTD., THR ITS MANAGER, AURANGABAD

VERSUS

ARUNA RAGHUNATH CHAUDHARI ND OTHERS ...

Advocate for Applicant : Shri Kulkarni Sudhir V. None present for respondent nos.1 to 3.

CORAM: V.L. ACHLIYA, J.

DATE: 03.08.2018 PER COURT :

1] This application is filed for recall / setting aside Registrar's order dated 1.8.2017 dismissing the appeal against the respondent no.4 for failure to take steps against the respondent no.4 as also to condone the delay of 273 days in filing the application.

2] Considering the reasons and the cause assigned, the delay is condoned. In view of the statement made by the learned counsel for the applicant that necessary steps will be taken to serve the respondent no.4, the application is allowed in terms of prayer clauses (B) and ( C). The order of dismissal of appeal as against the respondent no.4 is set aside. The appeal is restored as against the respondent no.4. The application be marked as disposed of.

(V.L. ACHLIYA, J.) ndk/c381845.doc