Imrankha Kazi S/O Amanullakha Kazi v. Raman Murthy P.V. Satyanarayan And 2 Others

1 cao1836.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NOS.1836/2016 AND 1837/2016 IN CIVIL APPLICATION (CAF) NO.2642/2014 IN FIRST APPEAL STAMP NO.14392/2014 Imrankha Kazi s/o Amanullakha Kazi ..Vs..

Raman Murthy P.V. Satyanarayan and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.R. Agrawal, Advocate for the applicant. CORAM : Z.A.HAQ, J.

DATED : 18.10.2016.

Accepting the averment made by the appellant/claimant that the respondent No.1 (driver of vehicle) and respondent No.2 (owner of vehicle) were served with the notice of claim petition before Tribunal on the same address as shown in the memorandum of appeal and they had appeared before Tribunal after being served on the same address, and accepting the reasons given by the appellant in the applications, the delay of 192 days in filing restoration application is condoned and the appeal dismissed against respondent

2 cao1836.16 Nos.1 and 2 is restored. The civil applications are allowed accordingly.

CIVIL APPLICATION (CAF) NO.2642/2014 Issue notice to the respondent Nos.1 and 2 returnable on 10th March, 2017.

The appellant shall supply copy of memorandum of appeal also, to be served on the respondent Nos.1 and 2 alongwith civil application. JUDGE Tambaskar.