Bombay High CourtCAO/571/2018admittedallwdgrantedrule absolute

Tanabai Wd/O Khandu Jagtap (Dead) And Others v. The New India Insurance Company Ltd. Nagpur Through Divisionl Manager And Another

2018-08-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao571.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.571 OF 2018 WITH MISC. CIVIL APPLICATION (ST) NO. 5950 OF 2018 IN FIRST APPEAL NO. 1149 OF 2007 (TANABAI KHANDU JAGTAP, THR. LRS. & OTH....VS.. NEW INDIA INSURANCE CO. LTD. & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S.Sadavarte, Advocate for Appellant.

Ms Anita Mategaonkar, Advocate for Respondent No.1. CORAM : Z.A.HAQ, J.

DATED : AUGUST 21, 2018.

None for the respondent No.2, though served. Heard Shri P.S. Sadavarte, advocate for the applicant and Ms Anita Mategaonkar, advocate for the respondent No.1. Considering the facts of the case and accepting the explanation given in the application, delay of 1526 days in filing Misc. Civil Application Stamp No. 5950 of 2018 is condoned.

For the same reasons, as recorded above, the order passed on 6th December, 2013 is recalled and the first appeal is restored.

The civil application and Miscellaneous Civil Application are allowed accordingly. No costs. FIRST APPEAL NO. 1149/2007.

Ms Anita Mategaonkar, advocate waives notice for the respondent No.1.

2 cao571.18 The respondent No.2 is already served with copy of Civil Application No.571 of 2018 and is aware about pendency of these proceedings. Further notice to respondent No.2 is not necessary. However, the learned advocate for the appellant shall serve copy of this order on the respondent No.2 by Speed Post A.D. and file affidavit on record within four weeks.

JUDGE RRaut..