Ashok P. (Died) Thr Lrs Chatraadatt@Charudatt Ashok Tayade Thr Its N.G. Subhadra K Tayade v. The New India Assurance Co.Ltd Mumbai Through Its Manager And ORS.

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9828 OF 2017 IN FA/1699/2009 ASHOK P. (DIED) THR LRS CHATRAADATT@CHARUDATT ASHOK TAYADE THR ITS N.G. SUBHADRA K TAYADE

VERSUS

THE NEW INDIA ASSURANCE CO.LTD MUMBAI THROUGH ITS MANAGER AND ORS.

...

Advocate for Applicant : Mr. Patil Vijay Y.

Advocate for Respondent No. 1 : Mr. M.M. Ambhore Advocate for Respondent No. 3 : Mr. Mahesh Deshmukh CORAM : RAJESH S. PATIL, J.

DATED : 07 OCTOBER, 2022 PER COURT:- 1.

Civil Application No. 9828/2017 is filed for bringing legal heirs of applicant on record.

2.

There is a delay of 411 days in filing this application. Learned counsel for respondent opposes the application.

3.

The Division Bench of this Hon'

ble High Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in 2005 (supp.) B.C.R. 226, condoned the delay of six years in filing the application of

-2bringing legal heirs on record, relying on Supreme Court judgment of Sardar Amarjit Singh Kalra (Died) by LRs and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.

4.

Relying upon the above judgments and for the reasons stated in the application, civil application No. 9828/2017 is allowed in terms of prayer clause ' B' and '

C'.

The Civil Application stands disposed off. Abetment stands set aside.

5.

Amendment to be carried out within a period of six (06) weeks from today.

[ RAJESH S. PATIL, J. ] SPChauhan