The New India Assurance Co. Ltd. Through Its Manager, Presently Through Chief Regional Manager, v. Purushottam Govindrao Aghadate And Another

2206 CAF 47-2016 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 47/2016 IN FIRST APPEAL ST. No. 20641/2015. THE NEW INDIA ASSURANCE COMPANY LTD. THROUGH ITS MANAGER, NAGPUR -vsPURUSHOTTAM GOVINDRAO AGHADATE AND ANOTHER. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri G.S Chatterjee, counsel for appellant.

Shri A.B. Mirza, counsel for respondent nos.1 and 2. CORAM: DR SMT. SHALINI PHANSALKAR-JOSHI, J.

DATE : JUNE 22, 2017 Heard learned counsel for applicant and learned counsel for respondent nos.1 and 2.

For the reasons stated in para nos.3 and 4 of the application, as sufficient cause is made out, the delay in preferring the appeal, is condoned.

Application is allowed with no order as to costs. Application is disposed of accordingly.

FIRST APPEAL ST. No. 20641/2015.

It is pointed out by learned counsel for appellant that as per the order passed by this court on 19/01/2016, it was specifically made clear that if respondents failed to appear despite service of notice, then this court shall proceed to decide the matter on its own merits. It is also submitted that issue involved in the matter is legal one and

2206 CAF 47-2016 2/2 very short one, therefore, it can be decided with consent of learned counsel for appellant and respondents. In view thereof, appeal is kept for final hearing at the stage of admission itself on 30th June. Learned counsel for appellant assured to give the copy of appeal memo to learned counsel for respondents before 30th June.

JUDGE Yenurkar