The New India Assurance Company Ltd., Thr. Manager Mecl Bldg Dr. Ambedkar Bavan Nagpur v. Smt. Sapna Wd/O Anil Mate And Others

1 2caf3133.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 3133 OF 2025 IN FIRST APPEAL NO 1190 OF 2017 (New India Assurance Co Ltd Vs. Smt. Sapna wd/o Anil Mate and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. B.P. Bhatt, Advocate for appellant.

Mr. P.D. Saliokar, Adv h/f Mr. U.J. Deshpande, Advocate for respondent Nos. 4 & 5. CORAM : ABHAY J. MANTRI, J.

DATED : 26-08-2025.

Heard.

2.

Applicant/appellant has filed this application to permit it to amend the memo of appeal by incorporating grounds raised in the application, for which learned counsel for respondent Nos. 4 and 5 has given no objection.

3.

Having considered the grounds raised in the application and in view of the law laid down by the Hon'ble Apex Court in National Insurance Co Ltd Vs. Pranay Sethi, [2017(16) SCC 680], I deem it appropriate to allow the application. Hence, the application is allowed as prayed.

4.

Learned counsel for appellant orally urged to permit the appellant to add the grounds in respect of awarding the amount under the head of future prospectus and consortium, and therefore, he seeks liberty to add those grounds in the appeal memo. As per his oral request, leave is granted. Accordingly, the appellant is permitted to carry out an amendment in the memo of appeal within two weeks and supply a copy of the amended appeal memo to the respondents thereafter within one week.

5.

List the matter on 16.09.2025.

(ABHAY J. MANTRI, J.) Belkhede