Bombay High CourtCAF/823/2018admittedallwdgrantedrule absolute

The Oriental Insurance Company Ltd., Khamgaon, Through Branch Manager, Rep. By Manager v. Bhushan Raosaheb Nimbhorkar And Others

2018-03-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao527.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO.527/2018 AND M.C.A. NO.100/2018 IN C.A.F. NO.3051/2016 IN FIRST APPEAL STAMP NO.10344/2016 The Oriental Insurance Company Ltd., Nagpur ..Vs..

Bhushan Raosaheb Nimbhorkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Mrunal Naik, Advocate for the applicant. CORAM : Z.A. HAQ, J.

DATE : 22.3.2018.

Heard.

The learned Advocate for the applicant / appellant has pointed out that the Civil Application No.527/2018 is for condonation of delay in filing restoration application as first appeal was dismissed against the non-applicant Nos.1 and 2, and Miscellaneous Civil Application No.100/2018 is for restoration of Civil Application No.3051/2016. It appears that this was not noticed when the order was passed on 26th February, 2018. The order passed on 26th February, 2018 on Civil Application No.3051/2016 and Civil Application No.823/2018 is recalled.

Accepting the explanation given in the application and miscellaneous civil application, delay of

2 cao527.18 62 days in filing Miscellaneous Civil Application No.100/2018 is condoned, Civil Application No.527/2018 and Miscellaneous Civil Application No.100/2018 are allowed accordingly. No costs. C.A.F. NO.3051/2016 Issue notice to the non-applicant Nos.1 and 2, returnable on 10th July, 2018.

C.A.F. NO.823/2018 For the reasons stated in the application, the appellant is permitted to serve the respondent Nos.1 and 2 by substituted service by publishing the notice / summons in one Marathi newspaper having wide circulation at Buldhana and one Marathi newspaper having wide circulation at Aurangabad.

The appellant to take steps within four weeks. The civil application is allowed accordingly. No costs.

JUDGE Tambaskar.