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Bombay High CourtCAF/3569/2023ca disposed off

Anil S/O Nanudev Bhaisvar And Others v. The New India Assurance Co. Ltd. Thr. Its Manager, Nagpur And Others

2024-07-22Hon'Ble Shri Justice M. W. Chandwani1 pages

2024:BHC-NAG:7800 28 CAF-3569-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.3569 OF 2023 IN FIRST APPEAL (ST) NO.13905 OF 2023 [Anil Nanudev Bhaisvar and Ors. ..Vs.. The New India Assurance Co. Ltd. and Anr.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms R. Mankar, Adv. h/f Mr P. S. Mirache, Advocate for Applicants. Mr R. R. Dawda, Advocate for Non-Applicant No.1.

CORAM

: M. W. CHANDWANI, J.

DATE : 22 nd JULY , 2024.

.

Heard.

2.

By the present application, the applicants are seeking to condone the delay in filing the first appeal. 3.

Since the appeal is statutory right coupled with the fact that the matter is to be decided on merit rather than to nonsuit the applicants on technical ground, therefore, for the reasons mentioned in the application, the delay in filing the first appeal is hereby condoned.

4.

The first appeal be registered and numbered accordingly.

5.

The civil application is disposed of.

FIRST APPEAL (ST) NO.13905 OF 2023 6.

Heard.

7.

Issue notice to the respondents, returnable within three weeks.

8.

Mr R. R. Dawda, learned counsel, waives notice on behalf of respondent No.1.

JUDGE TAMBE