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Bombay High CourtCA/10641/2018disposed offdismissed for default

United India Insurance Co. Ltd., Thr Its Administrative Officer, Aurangabad v. Archana Kailash Ubale And ANR

2018-10-04Hon'Ble Shri Justice P.R. Bora2 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 10641 OF 2018 IN FAST/24218/2018 WITH CA/10642/2018 IN FAST/24218/2018 WITH CA/12299/2018 IN FAST/24218/2018 UNITED INDIA INSURANCE CO. LTD., THR ITS ADMINISTRATIVE OFFICER, AURANGABAD

VERSUS

ARCHANA KAILASH UBALE AND ANR ...

959 CIVIL APPLICATION NO. 10643 OF 2018 IN FAST/24209/2018 WITH CA/10644/2018 IN FAST/24209/2018 WITH CA/12298/2018 IN FAST/24209/2018 UNITED INDIA INSURANCE CO. LTD., THR ITS ADMINISTRATIVE OFFICER, AURANGABAD

VERSUS

SHIVAJI BABURAO SHINDE AND ORS ...

Advocate for Applicant : Mr. Rathi Swapnil S. Mr. Swapnil Deshmukh For R/1 & 2. and Resp.Nos. 1 to 5 in respective matters.

...

CORAM : P.R. BORA, J.

DATED : 4th OCTOBER, 2018.

PER COURT:- 1.

Heard Shri Rathi, learned counsel for applicants and Shri Deshmukh, learned counsel for respondents i.e. Original claimants. Owner of the offending vehicle though served, has not caused appearance in the matter.

2.

For the reasons stated in the application, which according to me are just and sufficient, delay of 43 days caused in filing the

(2) appeal is condoned. The CA for condonation of delay is disposed of. The appeals be registered in accordance with law.

3.

On registration of the appeals, issue notice to the respondents, returnable after four weeks. Learned counsel Shri Deshmukh waives notice for the said respondents - original claimants. Owner of the offending vehicle has to be served through paper publication.

4.

Having considered the objections raised in exception to the impugned judgments, the appeals need to be finally heard. Learned counsel for the original claimants has consented for final disposal of the appeals and waives notice of final disposal. 5.

Call R and P.

6.

List the matters for final disposal at admission stage after four weeks.

7.

Notice of final disposal to be served upon Respondent Nos.3 and 5 in respective matters by way of paper publication.

(P.R. BORA) JUDGE bdv