Vilas S/O Kisnaji Kumre And Other v. The New India Assurance Co. Ltd. Branch Office, Wardha And Others

(1) 36.cao.544.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.544 OF 2023 IN MISC. CIVIL APPLICATION STAMP NO.6411 OF 2023 IN FIRST APPEAL STAMP NO.18259 OF 2022 Vilas s/o Kisnaji Kumre and another Vs.

The New India Assurance Co. Ltd., Branch Office, Wardha and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Rani G. Nitnaware, Advocate for applicants. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 19/04/2023 The present application is for condonation of delay which is caused in preferring the restoration application.

The delay of 38 days is caused as appeal is dismissed for want of Court fee. As per contention of the applicants, the appeal was pending for removal of the office objection, the learned Advocate could not notice the conditional order and, therefore, it could not be complied with, hence appeal is dismissed. There is delay of 38 days which is caused inadvertently.

In view of the reasons mentioned in the application, the delay of 38 days is condoned. The Civil Application is disposed of.

(2) 36.cao.544.2023 MISC. CIVIL APPLICATION STAMP NO.6411 OF 2023 On depositing the Court fee within two weeks, the appeal be restored at its registration stage. Misc. Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 17:04