Bombay High CourtMCA/271/2015dispossed offdismiss for default

Hdfc Chubb General Insurance Co. Ltd., Mumbai v. Sau. Archana W/O Suhas Dandawate And 6 Others

2015-01-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao543.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.O. NO.543/2013 IN M.C.A. STAMP NO.2954/2013 IN FIRST APPEAL NO.28/2013 HDFC CHUBB General Insurance Co. Ltd.

..Versus..

Sau. Archana w/o Suhas Dandawate and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 6.1.2015 Heard Shri D.N. Kukday, learned advocate for the applicant and Shri M.R. Joharapurkar, learned advocate for non-applicant no.7. None appears for the other non-applicants.

Apart from the fact that there was a bona fide mistake on the part of the learned advocate for the applicant which resulted in the refusal of registration of the first appeal and the fact that the non-

2 cao543.13 applicants have not filed any reply opposing the application, in my view, the delay is required to be condoned to enable the applicant to contest the matter on merits. The civil application is allowed in the above terms.

M.C.A. STAMP NO.2954/2013 For the reasons stated in the application, it is allowed on condition that the applicant shall remove the office objections as were pointed out by the office, till 16 th January, 2015. If the office objections are not removed within the stipulated time, this order shall stand recalled and the appeal shall stand dismissed without reference to Court.

JUDGE Tambaskar.