Icici Lombard General Insurance Co. Ltd., Nagpur Through Its Manager, Mayur Arun Pradhan v. Durga W/O Dinesh Brahmankar And Others

caf.4011.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.4011 of 2018 in First Appeal St.No.14289 of 2018 ICICI Lombard General Insurance Co. Ltd., Mumbai vs.

Durga w/o Dinesh Brahmankar & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Mayank Agnihotri, Adv. h/f Ms. Ashwini Athalye, Adv. for the Appellant.

None for the Respondents.

CORAM

: S.M. MODAK, J.

DATE : 18 th DECEMBER, 2020 Heard.

There is a delay of 59 days in preferring an appeal. Though respondent Nos.1 to 3 were served and they are represented through Advocate, no one is present on their behalf. Respondent No.4 though served, has not appeared.

The Registrar (Judicial) has dismissed the proceedings against respondent No.5 for want of taking steps. Considering his role, the concerned application can be decided in his absence. The delay is properly explained and the reasons mentioned in the application are convincing.

Hence, the delay of 59 days caused in preferring the appeal is condoned The application is allowed and disposed of accordingly.

caf.4011.18 2/2 First Appeal St. No.14289/2018 :

Heard.

Admit.

Issue notice to the respondents.

Respondent Nos.1 to 3 may be served through learned Advocate Shri R.M. Pande. Respondent No.4 may also be served again. The appellant to take steps for service on respondent No.5.

Call for record and proceedings.

Civil Application [CAF] No.4012/2018 :

Heard.

Stay is granted to the execution of the impugned judgment subject to depositing of the decretal amount within a period of two months. If the amount is not deposited, stay will stand vacated automatically.

The application is allowed and disposed of accordingly.

JUDGE *sandesh