Bombay High CourtCAO/682/2018admittedallwdgrantedrule absolute

Shriram General Insurance Co. Ltd. Through Its Authorised Signatory v. Balwant Jitu Pandhare And Antoher

2018-04-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao682.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.682 OF 2018 AND MISC. CIVIL APPLICATION ST. NO.7589 OF 2018 IN FIRST APPEAL ST. NO. 639 OF 2011 (SHRIRAM GENERAL INSURANCE CO. LTD.....VS.. BALWANT JITU PANDHARE & 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.N.Khadgi, Advocate for Appellant.

Shri A.J.Pathak, Advocate for Respondent No.1. CORAM : Z.A.HAQ, J.

DATED : APRIL 06, 2018.

Heard.

The appellant was directed to pay costs as paper book was not filed within time granted by this Court. The appellant failed to deposit the amount of cost and therefore the appeal is dismissed.

For the reasons stated in the applications, and accepting the submission that the amount of costs as per order dated 12th July, 2017 will be deposited within two weeks, the delay of 209 days in filing the restoration application is condoned. The order passed by this Court on 5th July, 2017 is recalled and the consequential order passed by the learned Registrar (Judicial) is set aside. The civil application and miscellaneous civil application are allowed accordingly. No costs.

2 cao682.18 The first appeal is restored. The interim order granted on 5th August, 2011 is also restored. FIRST APPEAL NO.639/2011.

Shri A.J. Pathak, advocate waives notice for the respondent No.1.

Issue notice to the respondent No.2, returnable on 20th April, 2018.

The learned advocate for the appellant and the learned advocate for the respondent No.1 jointly request to place the matter before the ensuing National Lok Adalat. Office to place the matter before National Lok Adalat scheduled on 22 nd April, 2018.

The authorized representative of the appellant and respondent No. 1 (claimant) and respondent No.2 (vehicle owner) shall appear before the National Lok Adalat on 22nd April, 2018 at 11.00 a.m.

JUDGE RRaut..