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Bombay High CourtMCA/203/2020admittedallwdgrantedrule absolute

The Branch Manager, The Oriental Insurance Co. Ltd. v. Smt. Tulsabai Wd/O Monach Fukatkar And 2 Others

2020-02-25Hon'Ble Shri Justice Anil S. Kilor2 pages

24 cao339.2020.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO. 339 OF 2020 IN MISC. CIVIL APPLICATION (ST) NO. 3409/2020 IN FIRST APPEAL NO. 175/2011 (D) The Branch Manager, the Oriental Insurance Co. Ltd., Nagpur. V/s Smt. Tulsabai wd/o Mohan Fukatkar and others. --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri W.G. Paunikar, counsel for applicant/appellant. Ms Pathade, counsel h/f Shri P.S. Mirache, counsel for respondent Nos. 1 and 2.

CORAM: ANIL S. KILOR, J.

DATE: 25/02/2020.

Shri W.G. Paunikar, learned counsel for the applicant pointed out that the present application has been moved for condonation of delay in restoration of appeal. He points out that though the private paper book was filed within stipulated period as granted by this Court's order dated 25.06.2015, due to oversight of office, it was dismissed for non-compliance of the Court's order dated 25.06.2015.

2.

Learned counsel for the applicant is not disputing the said fact. Thus in view of the reasons stated in the application, civil application is allowed. Delay caused in filing application for restoration is condoned.

24 cao339.2020.odt 2 Misc. Civil Application (St) No. 3409/2020 For the reasons stated in the application, civil application is allowed. Office is directed to place the matter for final hearing in regular course.

JUDGE RKN