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Bombay High CourtCAF/998/2022ca disposed off

National Insurance Co. Ltd., Through Its Regional Manager, Sadar, Nagpur v. Bebi Wd/O Gopal Chaple And Others

2022-04-27Hon'Ble Shri Justice M.S. Karnik2 pages

36.CA.998.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.

OF 20 (National Insurance Co. Ltd. Vs. Bebi wd/o Gopal Chaple & ors.) ------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------ Mrs. S.G. Kasbekar, Advocate for the appellant. CORAM : M.S. KARNIK, J.

DATED : APRIL , 2022 .

CIVIL APPLICATION NO.308 OF 2022 This is an application for condonation of delay in filing the application for restoration of appeal against respondent No.3 which was dismissed on 16/02/2022 for not effecting the service on him.

2.

For the reasons stated in the application the delay of 41 days is condoned and the application is allowed in terms of prayer clause (1).

3.

The application is disposed of accordingly.

CIVIL APPLICATION NO.1014 OF 2022 This is an application for restoration of first appeal which was dismissed on 16/02/2022 against respondent No.3 for want of proper service.

2.

For the reasons stated in the application, the application deserves to be allowed and the same is allowed in terms of prayer clause (1).

3.

The civil application is disposed of.

36.CA.998.22.odt CIVIL APPLICATION NO.1015 OF 2022 This is an application for grant of permission to deposit the entire amount of compensation and for grant of stay.

2.

In the application the appellant has expressed his inclination to deposit the entire amount within the period granted by this Court.

3.

The entire amount of compensation to be deposited within a period of two weeks from today. 4.

The application is therefore allowed in terms of the prayer made in the application and the impugned order shall remain stayed during the pendency of this appeal.

5.

The application is disposed of accordingly.

CIVIL APPLICATION NO.998 OF 2022 This is an application for substituted service on respondent No.3 by paper publication.

2.

For the reasons mentioned in the application, the application deserves to be allowed in terms of the prayer made in the application.

3.

The steps be taken for serving respondent No.3 through paper publication.

4.

Notice to be published in the daily newspaper Navbharat (Nagpur Edition) within a period of two weeks from today indicating that the appeal will be heard on 08/06/2022.

5.

Civil application is disposed of.

6.

List the appeal on 08/06/2022.

Signed By:DIVYA SONU BALDWA (M.S. KARNIK, J.

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