H.D.F.C. Ergo General Insurance Co. Ltd. Nagpur v. Pratiksha Wd/O Rajendra Madhavkar Others

cao134.25.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO.134 OF 2025 IN MISC. CIVIL APPLICATION STAMP NO.2822 OF 2025 IN FIRST APPEAL STAMP NO.21754 OF 2019 (D) (H.D.F.C., Ergo General Insurance Co. Ltd., Divisional Office, Nagpur Vs. Pratiksha wd/o Rajendra Madhavkar and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. Amit M. Kukday, Advocate for Appellant/Applicant. CORAM: ROHIT W. JOSHI, J.

DATE: 7 th FEBRUARY, 2025.

The first appeal came to be dismissed in default on account of failure on the part of appellant to deposit costs of Rs.5000/-. There is a delay of 1141 days in filing application for restoration. The appeal is of the year 2019 and as such the delay has not adversely affected final hearing of the appeal. In view of the aforesaid, I am inclined to condone the delay caused in filing application for restoration. The delay is condoned accordingly. MISC. CIVIL APPLICATION STAMP NO.2822 OF 2025: For the reasons mentioned above, the

cao134.25.O.odt miscellaneous civil application is allowed. First Appeal is restored to file. It is, however, clarified that in the event amount of cost is not paid or deposited with this Court on or before 28.02.2025, the appeal shall stand dismissed without reference to the Court.

(ROHIT W. JOSHI, J.) NSN