Bombay High CourtCAF/4620/2017admittedallwdgrantedrule absolute

Icici Lombard General Insurance Co. Ltd., Nagpur Through Its Manager, Mr. Mayur Arun Pradhan v. Smt. Rajkumari S/O Indal Padole And Another

2018-10-16Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1610caf4620.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.4620/2017 IN FIRST APPEAL ST. NO.24915/2017 ICICI Lombard General Insurance Co. Ltd. Mumbai - 440025 through its Manager ...Versus...

Smt. Rajkumari s/o Indal Padole and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms A.S. Athalye, Counsel for applicant Ms M.H. Pathade, Counsel for respondent no.1 CORAM : ARUN D. UPADHYE, J.

DATE : 16/10/2018 Heard.

There is a delay of 113 days caused in filing the first appeal.

Having heard the learned Counsel for the applicant and having gone through the contents of the application, I find that sufficient cause is made out for condoning the delay. Hence, the delay caused is condoned. The civil application is allowed.

FIRST APPEAL ST. NO.24915/2017 Heard.

ADMIT.

1610caf4620.17.odt Learned Counsel Ms M.H. Pathade waives service of notice for the respondent no.1.

Put up on 22/10/2018 for final hearing.

CIVIL APPLICATION (CAO) NO.1721/2018 Heard.

It is submitted that cheque No.602037 for Rs.14,504/- is wrongly deposited in First Appeal St. No.24915/2017 instead of First Appeal St. No.24885/2017. Therefore, this amount be transferred to First Appeal St. No.24885/2017. The learned Counsel further submitted that another cheque No.602036 for Rs.27,980/- was wrongly deposited in First Appeal St. No.24885/2017 and therefore the same amount be transferred to First Appeal St. No.24915/2017. Considering the submissions of the learned Counsel for the applicant, the civil application is allowed as prayed for. The amount of Rs.14,504/- be transferred to First Appeal St. No.24885/2017 and the amount of Rs.27,980/- be transferred to First Appeal St. No.24915/2017.

The civil application stands disposed of.

JUDGE Wadkar, P.S.