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Bombay High CourtCA/6592/2017disposed offdismissed for default

Varsha Deepchand Bagul And ORS v. Kamlaben Natubhai Gyanchandani And ORS

2018-10-09Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 6592 OF 2017 IN RC/652/2015 VARSHA DEEPCHAND BAGUL AND ORS

VERSUS

KAMLABEN NATUBHAI GYANCHANDANI AND ORS ...

Advocate for Applicants : Mr.Bhokarikar Madhav M. AGP for Respondents:

...

CORAM : SUNIL K.KOTWAL, J.

DATE : OCTOBER 9, 2018 O R D E R :

This application is for condonation of delay and for recalling the order dated 02.12.2011 dismissing the entire appeal as the office objections were not removed.

2.

Considering the nature of litigation as motor accident claims compensation petition, so it is desirable to condone the delay of 1737 days. Accordingly, application for condonation of delay is allowed.

ca6592.17 3.

The delay of 1737 days is condoned. The dismissal of order dated 2.12.2011 is set aside. 4.

Civil application No. 11682 of 2009 is restored. Respondent No. 3 died on 6.8.2013. According to learned counsel for appellant, he left no legal representatives.

5.

Therefore, the name of respondent No. 3 is deleted from the Civil Application for condonation of delay.

6.

Stand over to 26.11.2018.

[SUNIL K.KOTWAL, J.] mahajansb/