Bombay High CourtCAF/43/2016dispossed offdismiss for default

Mr. Sudhakar S/O Bhikaji Potavi v. National Insurance Company Limited, Through Its Branch Manager, Chandrapur And 5 Others

2016-08-16Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf42.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [F] NO.42 OF 2016 IN FIRST APPEAL ST. NO.22510 OF 2013 [Mr. Sudhakar s/o Bhikaji Potavi .vs. National Insurance Company Limited and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : AUGUST 16, 2016.

Heard Shri S.B. Tiwari, advocate holding for Shri Rajnish Vyas, advocate for the appellant.

For the reasons stated in the application which are not controverted, inasmuch as the respondents have not appeared in spite of service of notice, the delay of 235 days in filing the appeal is condoned.

The civil application is allowed.

FIRST APPEAL ST. NO.22510 OF 2013 Taken up for admission.

Admit.

Call for record and proceedings.

The appellant shall file private paper book within six months.

CIVIL APPLICATION [F] NO.43 OF 2016 The learned advocate for the appellant, on instructions, has stated that because of financial constraints, the appellant is not in a position to deposit the amount as per the

2 caf42.16.odt Award passed by the Tribunal. Considering the facts of the case, specially that the claimants are widow, minor children aged about nine years and five years and parents of deceased, the civil application praying for interim order is dismissed. JUDGE Gulande

3 caf42.16.odt C E R T I F I C A T E "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : A.S. Gulande, P.A.

Uploaded on : 18.08.2016