Reliance General Insurance Co. Ltd., Nagpur Division Office, Nagpur Thr. Exe. Legal, Nagpur v. Saraswati @ Sarita Kailashchandra Heda And Others

Order 17 caf 1596-2020 in fa st 12199-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1596/2020 IN FIRST APPEAL ST. NO.12199/2020 Reliance General Insurance Co.Ltd.

-VSSaraswati @ Sarita Kailashchandra Heda and others. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri D.N. Kukday, Advocate for appellant.

Ms G.R. Diwe, Advocate for respondent nos. 1 to 5. CORAM : S.M. MODAK , J.

DATE : AUGUST 25, 2021.

The respondent nos. 6 and 7 though served have not appeared. The respondent nos. 1 to 5 are represented by Advocate. There is a delay of 194 days in preferring the appeal. It is opposed on behalf of the contesting respondents. There are reasons mentioned in paragraph no.1 of the application. The Insurance Company has to seek approval from the Mumbai office and delay was caused on account of them. The reasons are convincing and delay is condoned.

The Civil Application is disposed of.

FIRST APPEAL ST. NO.12199/2020 Heard.

ADMIT.

Issue notice to respondent nos. 1 to 5. It is waived by learned Advocate for respondent nos. 1 to 5. There is no need to issue notice to respondent nos. 6 and 7 and as notice of delay

Order 17 caf 1596-2020 in fa st 12199-2020 condonation application was already issued and they have not appeared. So also they have not given evidence before the Tribunal.

Call for the record and proceedings.

CIVIL APPLICATION NO.1597/2020 As directed by this Court on 04/01/2021, the appellant Insurance Company has deposited Rs.98,15,286/- and Rs.6,77,757/-. In view of that, stay to the execution of the judgment to continue till final disposal of the appeal. Claimants are entitled to seek for withdrawal.

The application is disposed of.

JUDGE R.S. Sahare