Shriram General Insurance Company Ltd, Through Its Legal Officer (Law) Mr. S. B. Chaudhari. v. Mr. Sanjay Khapru Kurtikar, Rep. By Mr. Santosh Khapru Kurtikar And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 273 OF 2015 IN STAMP NUMBER MAIN NO. 129 OF 2015 SHRIRAM GENERAL INSURANCE COMPANY LTD, THROUGH ITS LEGAL OFFICER (LAW) MR. S. B. CHAUDHARI.

... Applicant

Versus

MR. SANJAY KHAPRU KURTIKAR, REP.

BY MR. SANTOSH KHAPRU KURTIKAR AND 2 ORS., ... Respondents Ms. Laxmi Sawant, Advocate for the Applicant. Mr. Narayan Govekar, Advocate for Respondent No. 1. Coram:- C. V. BHADANG, J.

Date:- 2nd December, 2016 P.C:

This is an application for condonation of delay of 42 days in filing the appeal. The respondent no. 1, who is the original claimant, is served.

2. I have heard the learned Counsel for the applicant and the learned Counsel for the respondent no. 1, who is the original claimant. Respondent nos. 2 and 3, who are respectively the driver and owner of the offending vehicle, were ex-parte before the Tribunal.

3. In such circumstances, in view of the decision of this Court in the case of BISMILLA ABIDULLA ANSARI Vs. KISHORKUMAR N. SHAH, [2008] 4 MhLJ 792, it is not necessary to serve respondent

MCA/273/2015 nos. 2 and 3 in this application. Hence, service of notice on respondent nos. 2 and 3, is hereby dispensed with.

4. For the reasons stated in the application, the delay is condoned. Let the first appeal be registered.

C. V. BHADANG, J.

EV