The United India Insurance Co. Ltd Thr Divisional Manager v. Nandabai Balasaheb Jadhav And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 14248 OF 2018 IN FA/134/2017 WITH CA/8165/2012 IN FA/134/2017 THE UNITED INDIA INSURANCE CO. LTD THR DIVISIONAL MANAGER

VERSUS

NANDABAI BALASAHEB JADHAV AND ORS ...

Advocate for Applicant : Mr.Kanade Arun G.

Advocate for Respondents 1 to 4 : Mr.K. B. Autade .....

CORAM : SUNIL K. KOTWAL, J.

DATE : NOVEMBER 29, 2018 O R D E R :

Heard learned counsel for the applicant and learned counsel for respondent nos. 1 to 4.

2.

Learned counsel for respondent nos. 1 to 4 has no objection to set aside the dismissal order, passed against respondent no.5. Otherwise also, respondent no.5 being owner of offending vehicle is necessary party in this proceeding. Therefore, Civil Application is allowed in terms of prayer clause 'B'.

3.

The order of dismissal passed against respondent no.5 is set aside.

ca14248.18 4.

Issue fresh notice to respondent no.5 at both the addresses given by the appellant.

[SUNIL K. KOTWAL, J.] dbm