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Bombay High CourtCAO/923/2022delay condonatedrejected

National Insurance Co. Ltd. Through Its Divisional Office, Nagpur v. Natthuji S/O Narayan Dhabale And Others

2023-06-08Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 / 2 25-CAO 923.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (O) NO. 923 OF 2022 IN MISC. CIVIL APPLICATION (STAMP) NO. 12402 OF 2022 IN FIRST APPEAL NO. 941 OF 2017 National Insurance Co. Ltd. vs. Natthuji s/o Narayan Dhabale 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.C.A.Anthony, Advocate h/f. Shri.C.C.Anthony, Advocate for applicant.

CORAM

: SMT. M. S. JAWALKAR J.

DATE : 08/06/2023 Present application is filed for condonation of delay in filing application for restoration of first appeal, which was dismissed for want of filing of paper book.

2.

It appears that vide order dated 13/12/2019, six months time was granted to the appellant to file private paper book. Again vide a conditional order dated 21/06/2021, additional six months time was granted to the appellant to file private paper book; failure to which appeal was directed to be dismissed without reference to the Court.

KOLHE

2 / 2 25-CAO 923.2022 3.

For the reasons stated in the application, I am inclined to allow the present application by condoning the delay subject to costs of Rs.2000/- to be paid to High Court, Nagpur Bench Bar Library within a period of three weeks from today.

4.

Application is disposed of.

MISC. CIVIL APPLICATION (STAMP) NO.12402 OF 2022 For the reasons stated in the application, the application is allowed. Registry is directed to register first appeal only after payment of costs of Rs.2000/- as directed in C.A.O.No.923 of 2022. 2.

After restoration of first appeal, the appellant to file private paper book within two weeks thereafter.

3.

Accordingly, application is disposed of.

JUDGE CHANDRAKANT KOLHE 16:58 KOLHE