Shaikh Bashiroddin Allauddin Shaikh v. Vyankatchalam Subramanium Chinttam And ORS

926- C. A. No. 12632-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 12632OF 2022 IN FAST/31571/2018 SHAIKH BASHIRODDIN ALLAUDDIN SHAIKH

VERSUS

VYANKATCHALAM SUBRAMANIUM CHINTTAM AND ORS ...

Advocate for Applicant : Mr. M.M. Bhokarikar Advocate for respondent No.3 : Mr. A. S. Usmanpurkar ....

CORAM : S. G. DIGE, J.

DATE : 20.09.2022 PER COURT :- Heard learned counsel for the applicant and learned counsel for respondent No.3.

2.

Learned counsel for the applicant submits that this Court by the order dated 5th July 2019 had directed the applicant to take steps again unserved respondent Nos. 1 and 2 within stipulated period, but applicant could not take steps within stipulated period. Appeal against respondent Nos. 1 and 2 is dismissed. Due to personal difculty of learned counsel on record steps were not taken within stipulated period and thereafter, covid pandemic started. Hence, application could not be fled within stipulated period. Hence requested to allow the application.

926- C. A. No. 12632-2022.odt 3.

Learned counsel for respondent No.3 submits that delay application fled by the applicant was dismissed against respondent Nos. 1 and 2. The applicant did not take steps within stipulated period nor fled application. Hence applicant is not entitled for the interest for the period of 1076 days. Hence requested to pass appropriate order.

4.

I have heard both the learned counsel. Learned counsel for the applicant could not take steps against respondent Nos. 1 and 2 within stipulated period. Applicant Nos. 1 and 2 are driver and owner of the ofending vehicle. Hence their presence is required before the Court. Hence I pass the following order.

ORDER

(i) The application is allowed.

(ii) The order dated 5th July, 2019 passed by this Court is recalled.

(iii) Applicant to take steps against respondent Nos. 1 and 2 within four weeks.

(iv) Applicant is not entitled for the interest and statutory beneft for the period of 1076 days and shall fle undertaking in that regard.

Civil Application is disposed of.

( S.G. DIGE,) JUDGE