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Bombay High CourtCA/10798/2016disposed offdismissed for default

National Insurance Co. Ltd. v. Swati Balasaheb Kulkarni And ORS

2018-10-30Hon'Ble Shri Justice P.R. Bora2 pages

960-CA-10798-2016 delay .odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 CIVIL APPLICATION NO. 10798 OF 2016 IN FAST/19555/2016 NATIONAL INSURANCE CO. LTD.

VERSUS

SWATI BALASAHEB KULKARNI AND ORS ...

Advocate for Applicant : Mr. Kulkarni Sudhir V. Advocate for Respondent Nos. 1 to 5 : Mr. R.K. Ashtekar ...

CORAM : P.R. BORA, J.

DATED : 30th OCTOBER, 2018.

PER COURT:- .

Heard the learned counsel for the applicant and the learned counsel for respondent nos. 1 to 5.

2.

Respondent no.6 though duly served has not entered his appearance in the matter. For the reasons stated in the application, which according to me are just and sufficient, the delay caused of 260 days in filing the appeal is condoned. The appeal be registered in accordance with law. The Civil Application stands disposed of.

3.

On registration of the appeal, issue notice to the respondents, returnable on 12.12.2018. Advocate Shri Ashtekar waives notice

960-CA-10798-2016 delay .odt (2) for respondent nos.1 to 5. The appellant-insurance company is permitted to serve respondent no.6 by way of paper publication and file affidavit of service. It be indicated in the said notice the appeal would be heard finally at the admission stage.

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