The United India Insurance Co. Ltd. Through Divisional Manager Amravati v. Suraj Prakash Puri And 2 Others

1 19c.caf.35702025

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 3571 OF 2025 AND MISC. CIVIL APPLICATION ST.NO. 22568 OF 2025 IN FIRST APPEAL NO.285 OF 2015 United India Insurance Company ..vs..

Suraj Prakash Puru and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Pratik Jain, Advocate h/f Shri M.R. Joharapurkar, Advocate for the appellant.

Ms. Shreya Bhagat, Advocate h/f Shri P.R. Agrawal, Advocate for respondent no.1.

CORAM: PRAVIN S. PATIL, J.

DATED :

01/10/2025.

Heard.

2.

By these applications, the applicant is seeking condonation of 3536 days delay and restoration of appeal which was dismissed against respondent nos. 2 and 3 for want of prosecution by order dated 24.03.2015. 3.

It is stated by the appellant that the present appeal with First Appeal No.344/2017 was listed together. In both appeals, owner of the vehicle is same. In first appeal no.343/17 the owner is represented by the Counsel. As such, under bona fide impression that the owner also appearing in the present matter, necessary steps were not taken by the appellant to serve him, in the present matter. 4.

In paragraph 6 of the application, it is specifically stated that when both the appeals were listed before this Court on 16.12.2020, this fact came to the knowledge of the appellant. The averment made in the application are not controverted. Furthermore, the owner

2 19c.caf.35702025 of the vehicle is already appearing in the appeal No.343/2017 arising out of the same accident. 5.

Hence, for the reasons stated in the applications, the applications are allowed. Delay stands condoned. The appeal is restore against the respondent nos.2 and 3.

6.

Counsel for the appellant after restoration of the appeal to take appropriate steps to serve respondent nos. 2 and 3 within a period of four weeks. Failure to which, this Court will pass appropriate order in the matter. (PRAVIN S. PATIL , J.

) Trupti