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Bombay High CourtCAF/426/2020ca disposed off

Hdfc Ergo General Insurance Co. Ltd., Thr. Its Branch Manager, Nagpur v. Parvati Wd/O Upasrao Tekade And Others

2021-06-22Hon'Ble Shri Justice S.M. Modak2 pages

caf.425.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.425 of 2020 in First Appeal No.19409 of 2019 HDFC ERGO General Insurance Co. Ltd.

vs.

Parvati wd/o Upasrao Tekade & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.V. Jaiswal, Advocate for the Applicant-Appellant.

CORAM

: S.M. MODAK, J.

DATE : 22 nd JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard.

The judgment is delivered on 25/10/2018 and the copy was obtained on 10/06/2019. There is delay of 14 days in preferring an appeal. Time was taken in order to get opinion from the Head Office at Mumbai. The delay is properly explained. I do not think that there is need to issue notice and it can be condoned subject to depositing of costs. Hence, the order : I.

Delay of 14 days caused in preferring an appeal is condoned subject to deposit of costs of Rs.1,000/-.

II. Costs be deposited in this Court within two weeks from today. After depositing the same, it be paid to respondent Nos.1 to 4 - original claimants.

caf.425.20 2/2 III. The application is allowed and disposed of accordingly.

First Appeal St. No.19409/2019 :

Heard.

Issue notice to the respondents, returnable after eight weeks.

Admit.

Call for record and proceedings.

Civil Application [CAF] No.426/2020 :

Heard.

Stay is granted to the execution and implementation of the impugned judgment and award, dated 25/10/2018, subject to depositing of entire decretal amount within a period of eights weeks. The application is disposed of.

JUDGE *sandesh