The New India Insurance Company Thr. Its Manager (Legal) v. Murlidhar S/O Hamku Madavi And ORS

7 fa921.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR FA NO.921/2013 The New India Insurance Company, thr.its Manager (Legal) ..vs..

Murlidhar s/o Hamku Madavi and ors ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Shri Gadkari, Counsel for the Appellant.

Shri U.J.Deshpande, Adv. h/f Shri S.O.Ahmed, Counsel for R-1 to 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 23/01/2023 1.

The appeal is placed for orders on Civil Application CAF No.160/2023 for bringing legal representatives of respondent No.3 Office note shows that notice issued to respondent No.4 is returned back for want of correct address.

2.

Respondent No.3 died on 31.5.2021.

3.

Learned counsel Shri Gadkari for the appellant submits that he came to know about the death of respondent No.3 on 11.11.2022 and, thereafter, the application for bringing legal heirs of respondent No.3 is brought on record.

4.

The application is within time.

5.

In view of that Civil Application CAF No.160/2023 is allowed.

6.

The appellant to carry out the necessary amendment in cause title by bringing legal heirs of respondent No.3. 7.

The amendment be carried out within a period of one week from today.

8.

The appellant shall furnish the correct address of respondent No.4 within one week from today.

9.

Advocate Shri U.J.Deshpande h/f learned counsel Shri .....2/-

7 fa921.13 S.O.Ahmed for respondent Nos.1 to 3 waives service for legal heirs of respondent No.3.

10.

Place the appeal on 30.1.2023.

(URMILA JOSHI-PHALKE, J.) !! BrWankhede !!

Digitally signed by BHUSHAN RANA WANKHEDE Date:

2023.01.23 19:28:13 +0530 BHUSHAN RANA WANKHEDE ...../-