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Bombay High CourtCAO/536/2022delay condonatedrejected

Hdfc General Insurance Co. Ltd., Divisional Manager, Nagpur v. Malti Wd/O Yashwant Bhisekar And Others

2022-08-18Hon'Ble Smt. Justice M. S. Jawalkar2 pages

4. CAO 536.2022 in MCAst 9067.2022 in FA 555.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 536 OF 2022 IN MISC. CIVIL APPLICATION (MCA) (ST.) NO. 9067 OF 2022 IN FIRST APPEAL NO. 555 OF 2021 (D) HDFC ERGO General Insurance Co. Ltd., Divisional Manager, HDFC General Insurance Co. Ltd., Nagpur ...VERSUS...

Malti Wd/o. Yashwant Bhisekar and others ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Amit M. Kukday, Advocate for appellant.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th August , 2022.

The present application is filed for condonation of delay in filing the application for restoration of First Appeal which was dismissed by this Court vide order dated 23/11/2021. 2.

For the reasons stated in paragraph no. 3 of the present application, I am satisfied that there is no intentional or deliberate delay in filing the restoration application.

3.

Accordingly, delay of 79 days is hereby condoned for filing restoration application.

4.

The application is disposed of.

MISC. CIVIL APPLICATION (MCA) (ST.) NO. 9067 OF 2022 The present application is filed for restoration of First Appeal which was dismissed by this Court vide order dated 23/11/2021.

4. CAO 536.2022 in MCAst 9067.2022 in FA 555.2021 2.

The learned counsel for the appellant informs that the appellant insurance company has paid the costs of Rs. 10,000/- vide order dated 23/11/2021.

3.

Thus, for the reasons stated in the application as well as in view of fulfilment of conditions of depositing the costs of Rs. 10,000/- as per the directions of this Court, the application for restoration is hereby allowed.

4.

The Registry to register the First Appeal to its original number. 5.

Accordingly, the application is disposed of.

6.

The learned counsel for the appellant to supply copy within one week to the registry for issuance of notice to the non-applicants/ respondents.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar