Reliance General Insurance Co. Ltd., Thr The Its Manager, Aurangabad v. Sindhubai Suresh Dhande (Died) Thr Lrs Tushar Suresh Dhande And ANR

1 926 - CA 15195.2019 in F.A.St. 608.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO.15195 OF 2019 IN FAST/608/2018 RELIANCE GENERAL INSURANCE CO. LTD., THR THE ITS MANAGER, AURANGABAD

VERSUS

SINDHUBAI SURESH DHANDE (DIED) THR LRS TUSHAR SURESH DHANDE AND ANR ......

Mr. S.S.Patil h/f Mr. V.P.Raje, Advocate for Applicant.

Mr. M.M.Bhokarikar, Advocate for R-1.

......

CORAM : V.L.ACHLIYA, J.

DATE : 07/01/2020 ......

ORAL ORDER :

1.

The applicant has moved this application seeking recall of order dated 02/08/2019 dismissing the appeal in default of taking steps.

2.

Heard learned counsel for applicant and respondent No. 1.

3.

In brief, it is the contention of learned counsel for applicant that appeal came to be dismissed as against respondent No. 2 as service could not be effected and the address shown in the cause title as per the particulars of address given in the Judgment and order passed by Tribunal. Learned

2 926 - CA 15195.2019 in F.A.St. 608.2018 counsel submits that except the address given in the claim petition, the applicant is unaware of any other address.

4.

Considering the cause assigned, the application is allowed to the extent of recall of order of dismissal and restoration of appeal. In respect of prayer made seeking service through paper publication, the applicant is directed to make separate application.

5.

Civil Application disposed of in above terms.

[V.L.ACHLIYA] JUDGE KNP