The Authorized Signatory, The Shriram General Insurance Co. Ltd., Nagpur v. Smt. Shakuntalabai Wd/O Arjun Borikar And Others

1 CAO1305.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 1305 OF 2019 IN MISC. CIVIL APPLICATION ST. NO. 13983 OF 2019 IN FIRST APPEAL ST. NO. 22663 OF 2018 (R.C. NO. 273/19) The Authorized Signatory, The Shriram General Insurance Co. Ltd. ..VS..

Smt. Shakuntalabai wd/o Arjun Borikar and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Jaiswal, Adv. for appellant/applicant. Mrs. N. Masurkar, Adv. for respondent nos. 1 to 4. Shri S.W. Paunikar, Adv. for respondent no. 8. CORAM : VINAY JOSHI, J.

DATED : 21 st NOVEMBER, 2019 Heard.

This is appellant'

s application for condonation of delay of 118 days caused in filing restoration application, since the registration of First Appeal was refused by the Registrar for non-compliance of office objection.

For the reasons stated in the application, the delay is condoned. The Civil Application stands allowed and disposed accordingly.

MISC. CIVIL APPLICATION ST. NO. 13983 OF 2019 The appellant/original respondent no. 2Shriram General Insurance Co. Ltd. has preferred the First Appeal challenging the judgment and award passed in the claim petition no. 1158 of 2011. The registration of appeal was refused by the Registrar of this Court vide order dated

2 CAO1305.19 06.03.2019 for non-compliance of office objection within stipulated period. The appellant undertakes to comply all the office objection within two weeks.

In view of that, Misc. Civil Application is allowed. The appellant to comply with the office objection as undertaken. Appeal be registered after due compliance and removal of office objections. If, within two weeks office objections are not removed, the effect would be of rejection of this restoration application.

CIVIL APPLICATION (ST.) NO. 22665 OF 2018 Heard.

Issue notice, returnable after six weeks.

Learned Counsel Mrs. N. Masurkar waives notice for respondent nos. 1 to 4. Learned Counsel Shri S.W. Paunikar waives notice for respondent no. 8.

Learned Counsel for the appellant undertakes to deposit the entire decreetal amount within six weeks from today. On such undertaking, the execution of impugned judgment is stayed till six weeks from today. JUDGE Trupti