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Bombay High CourtCA/10767/2018disposed offdismissed for default

Reliance General Insurance Co. Ltd., Its Div. Office, Aurangabad v. Jayshree Vijay Deokar And ORS

2018-09-05Hon'Ble Shri Justice P.R. Bora2 pages

1 10767.2018CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

955 CIVIL APPLICATION NO.10767 OF 2018 IN FA/947/2018 RELIANCE GENERAL INSURANCE CO. LTD., ITS DIV. OFFICE, AURANGABAD ..Applicant

VERSUS

JAYSHREE VIJAY DEOKAR AND ORS ..Respondents ...

Advocate for Applicant : Shri V.N. Upadhye;

Advocate for Respondents No.1 to 4 : Shri R.V. Gore; ...

CORAM : P.R. BORA, J.

Dated: September 05, 2018 PER COURT :

1.

Heard Shri Upadhye, learned Counsel appearing for the applicant-appellant. On 22.06.2018, the following order was passed by this Court.

"The appellant/applicant to take appropriate steps to serve unserved respondents till next date, failing which appeal/application shall stand dismissed as against unserved respondents without further reference to this Court. Stand over to 20th July, 2018."

2.

Since the appellant - Insurance Company failed to take the necessary steps, the appeal automatically stood dismissed against respondents no.1 to 4 in view of the aforesaid order. The learned Counsel submitted that, respondents no.1 to

2 10767.2018CA.doc 4 have now appeared in this matter and have filed the application seeking withdrawal of the amount. 3.

The learned Counsel Shri Gore appearing for the said respondents is present before the Court. He submitted that, he is ready to cause appearance in the main appeal also. 4.

In view of the submissions so made, the appeal dismissed against Respondents No.1 to 4 stands restored. Delay caused, if any, in filing the application is condoned. Civil Application stands allowed and disposed of.

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

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