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Bombay High CourtCAF/1969/2016admittedallwdgrantedrule absolute

I.C.I.C.I. Lombard General Insurance Company Ltd, Nagpur Thr. Legal Manager Shri Ashay Mahajan v. Rekhabai W/O Sagarrao Bhagat And Another

2016-11-22Hon'Ble Shri Justice Sunil B. Shukre2 pages

1 caf1969.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF No. 1969 of 2016 In First Appeal (St) No. 11549/2016 ICICI Lombard v. Rekhabai and anr - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. D. Bhuibhar, Advocate for applicant Shri Mirache, advocate for respondent no. 1 None appears for respondent no. 2 Coram : S. B. Shukre, J Dated : November 22, 2016 1.

CAF No. 1969 of 2016 : Heard learned counsel for the applicant and learned counsel for respondent no. 1. None appears for respondent no. 2 though served. No reply has been filed by either of the respondents.

2.

Although learned counsel for respondent no. 1 objects granting this application, I do not find substance in the objection so taken in view of the fact that all the contentions raised in the application, in my opinion, do disclose sufficient cause and do not show any malafides on the part of the applicant.

3.

Application is, therefore, allowed. Delay is condoned. Appeal be registered.

4.

FA (St) No. 11549/2016 : Heard. Admit. Call for R & P. Shri Mirache, learned counsel waives service on behalf of respondent no. 1.

5.

CAF No. 1970 of 2016 : Heard learned counsel for appellant and learned counsel for respondent no. 1. None appears for respondent no. 2 though served. Appeal is already admitted. Since entire amount of Award has already been deposited in this Court, ad-interim stay granted vide

2 caf1969.16 order dated 17th June 2016 is hereby confirmed and the same shall operate pending final disposal of the appeal. Application stands disposed of accordingly.

JUDGE joshi