Bajaj Allianz General Insurance Co. Ltd. v. Premlabai @ Premlata Chandrabhan Shirsath And ORS

2024:BHC-AUG:20907 {1} ca9779-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9779 OF 2024 IN FIRST APPEAL NO.699 OF 2016 Bajaj Allianz General Insurance Co. Ltd., APPLICANT

VERSUS

Premlabai @ Premlata Chandrabhan Shirsath & Ors RESPONDENTS .......

Mr. Mohit R. Deshmukh, Advocate for the applicant Mr. S. S. Patil, Advocate for respondents No.1 to 5 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 6 th SEPTEMBER, 2024 ORDER :

1.

Since the applicant / original appellant - Insurance Company failed to take steps to serve respondent No. 6- driver, entire 4rst appeal 4led by it is dismissed for want of prosecution. 2.

Learned advocate for the Insurance Company submits that as involvement of the vehicle is challenged in the 4rst appeal, he may be permitted to delete respondent No. 6 - driver from the array of respondents in the 4rst appeal as well as present civil application.

3.

Permission granted. Respondent No.6 is permitted to be deleted from the array of respondents in 4rst appeal as well as

{2} ca9779-24.doc from present civil application. Deletion be carried out during the course of the day.

4.

Civil application is allowed. First Appeal is restored to its position.

5.

List First Appeal No. 699 of 2016 for further consideration on 3rd October, 2024.

[NITIN B. SURYAWANSHI] JUDGE drp/ca9779-24.doc