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Bombay High CourtCA/13478/2017disposed offdismissed for default

Smita Sachin Kabra And ANR v. The Msrtc Partur Through Divnl Controller Jalna And ORS

2019-08-07Hon'Ble Shri Justice V.L. Achliya2 pages

CA 13478/17 IN FA 898/10 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO.13478/2017 IN FIRST APPEAL NO.898 OF 2010 SMITA SACHIN KABRA AND ANOTHER

VERSUS

MSRTC, PARTUR, THROUGH DIVNSIONAL CONTROLLER, JALNA AND OTHERS ...

Advocate for applicants: Shri J.M. Murkute Advocate for Respondent no.1 : Shri D.S. Bagul alongwith Shri Dipesh Pande Advocate for Respondent no.4 : Shri A.B. Gatne CORAM: V.L. ACHLIYA, J.

DATE: 07.08.2019 PER COURT :

1] Present application is filed to substitute the names as per the names mentioned in the cause title of the application. It is submitted that during the pendency of appeal, the original claimant no.1 - Smita Sachin Kabra married to Brijesh Satyendra Dhoot r/o Mumbai. THe marriage was solemnized on 22.5.2005. After her marriage with Brijesh Satyendra Dhoot, the name of original claimant no.1 is now changed and now she is recognized as Smt.Smita w/o Brijesh Dhoot. So also the

CA 13478/17 IN FA 898/10 - 2 - claimant no.2 Atharva is also adopted by her husband and now his name is changed and recognized as Atharva s/o Brijesh Dhoot. In view of subsequent events occurred during the pendency of appeal, the applicants have moved this application.

2] Learned counsel for the appellant and the respondent - Insurance Company have no objection to allow the application.

3] The application is allowed in terms of prayer clause (B). Necessary amendment be carried out forthwith. (V.L. ACHLIYA, J.) ndk/c78192.doc