The New India Assurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Vijay Bharat Aute And ORS

2025:BHC-AUG:30681 (1) 18ca11942.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 CIVIL APPLICATION NO. 11942 OF 2025 IN FA/300/2019 THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD .....Petitioner

VERSUS

VIJAY BHARAT AUTE AND ORS .....Respondent Mr. Mohit R. Deshmukh, Advocate for the petitioner Mr. V. A. Patil, Advocate h/f Mr. S. B. Choudhari, Advocate for the respondent No.1 Mr. V. P. Savant, Advocate for the respondent Nos. 5 & 6 CORAM : ABHAY J. MANTRI, J.

DATE : 10th NOVEMBER, 2025 PER COURT :

1.

The applicant/appellant has moved this application for condoning the delay caused in filing the civil application for restoration of the appeal against respondent No. 2 and also for restoration of the appeal against him, for which the learned advocates for the respondent Nos. 1, 5 & 6 have given no objections. 2.

Despite service of notice on respondent No. 4, none appeared for it.

3.

Perusal of the record, it seems that for non-compliance with the order dated 27-03-2019, the appeal was dismissed against respondent No. 2.

(2) 18ca11942.25.odt 4.

Considering the reasons disclosed in the application, I deemed it appropriate to allow the application as prayed. As a result, the application is allowed. The delay in preferring the application for restoration of the appeal against respondent No. 2 is condoned, and the appeal is restored against respondent No. 2. 5.

The learned advocate for the appellant also submitted that notice be permitted to serve on respondent No. 2 through the paper publication in the daily newspaper, namely 'Punyanagari'. However, I do not find substance in his contention that the notice should be served through the daily newspaper, namely 'Punyanagari'. Instead of that, the appellant/applicant is directed to serve the notice on respondent No.2 through the widely circulated daily newspaper, namely "Lokmat". The appellant is directed to produce a copy of the publication of notice in the court on or before 20-11-2025. 6.

List the appeal on 01-12-2025.

[ABHAY J. MANTRI, J. ] VishalK/18ca11942.25.odt