Abdul Ajij S/O Abdul Rehman Sheikh And 5 Others v. The National Insurance Co. Ltd. And 3 Others

910cao1366.17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) 1366 OF 2017 IN MISC. CIVIL APPLICATION (ST.) NO. 10523 OF 2017 IN FIRST APPEAL NO. 770 OF 2012 Abdul Ajij s/o Abdul Rehman Sheikh and others. Vs.

The National Insurance Co. Ltd. and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Rahul Tajne, counsel for the applicants. Shri C.A. Anthony, counsel for the respondents. CORAM: ROHIT B. DEO, J.

DATE: 23-08-2019.

1.

This application is taken out by the original claimant for condonation of delay of 46 days in filing application for restoration of First Appeal 770/2012. 2.

Learned counsel for the respondent-insurance company is objecting to the condonation of delay. 3.

It is stated that the award impugned in this appeal is also challenged by the Insurance Company by filing separate appeal and that appeal is admitted. Hence the delay is condoned.

4.

Civil Application is allowed.

910cao1366.17.odt 2 MISC. CIVIL APPLICATION STAMP 10523/2017 1.

This application is taken out for restoration of first appeal which came to be dismissed since the paper book was not filed.

2.

Since the connected appeal is admitted, this application is allowed.

3.

First Appeal 770/2012 is restored to file.

4.

Learned counsel for the appellants states that paper book shall be filed within six weeks. The statement is accepted.

5.

Let this appeal be registered and listed along with First Appeal 996/2011.

JUDGE RKN