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Bombay High CourtCA/14627/2019disposed offdismissed for default

Madhuri Jaykumar Kulkarni (Died) Thr Lrs Jaykumar And ORS v. The Oriental Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad And ORS

2020-01-06Hon'Ble Shri Justice V.L. Achliya1 pages

CA 14627/19 in FA 3128/19 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO.14627 OF 2019 IN FA/3128/2019 MADHURI JAYKUMAR KULKARNI (DIED) THROUGH L.RS. JAYKUMAR AND OTHERS

VERSUS

THE ORIENTAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, AURANGABAD AND OTHERS ...

Advocate for Applicants : Shri Jadhav Kakasaheb B. Advocate for Respondent no.1 : Shri R.D. Borde h/f Shri U.S. Malte CORAM: V.L. ACHLIYA, J.

DATE: 06.01.2020 PER COURT :

1] The applicants have moved this application claiming to be the L.Rs. of deceased respondent no.1 - claimant for bringing them on record as L.Rs. of deceased respondent no.1.

2] Learned counsel for the respondent no.1 - insurance company has no objection to allow the application.

3] Considering the cause assigned and the cause of action surviving for the applicants to defend the appeal as L.Rs. of deceased respondent no.1, I am of the view that the application deserves to be allowed.

4] Accordingly, the application is allowed in terms of prayer clauses [B] and [C]. The respondent no.1 - insurance company is directed to carry out necessary substitution in the appeal within one week.

(V.L. ACHLIYA, J.) ndk/c612029.doc