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Bombay High CourtCA/10999/2017disposed off

United India Insurance Co. Ltd. Thr Its Adm Officer, Aurangabad v. Kailas Tukaram Mahajan And ORS

2023-03-01Hon'Ble Shri Justice Sandipkumar C. More3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10999 OF 2017 IN FIRST APPEAL NO. 4374 OF 2017 United India Insurance Co. Ltd.

Applicant

Versus

Kailas s/o Tukaram Mahajan and others Respondents Mr. S. R. Bagal, advocate for the Applicant Mr. M. M. Bhokarikar, advocate for Respondent No.1. Mr. Shaikh Mohammad Naseer, advocate for Respondents No.2-A to 2-C.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st March, 2023.

PC :

Heard rival submissions.

The applicant-Insurance Company is seeking permission to bring legal representatives of deceased respondent no.2 on record by condoning the delay caused in filing this application.

It appears that respondent no.2 died on 06.10.2011 as per the copy of the death certificate and,

{2} therefore, there appears delay of nearly six years. However, learned Counsel for respondents no.2-A to 2-C has no strong objection if the said legal representatives are brought on record.

In view of the same, Civil Application stands allowed in terms of prayer clauses {B} and {C}. Necessary amendment be carried out within stipulated period. (SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 4374 OF 2017 United India Insurance Co. Ltd.

Appellant

Versus

Kailas s/o Tukaram Mahajan and others Respondents Mr. S. R. Bagal, advocate for the Appellant Mr. M. M. Bhokarikar, advocate for Respondent No.1. Mr. Shaikh Mohammad Naseer, advocate for Respondents No.2-A to 2-C.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st March, 2023.

PC :

Stand over to 15.03.2023.

(SANDIPKUMAR C. MORE) JUDGE adb