Tata Aig General Insurance Co. Ltd., Through Its Aut. Signatory Alok Kumar Gupta v. Rashmi Raghuvir Parab Fatrekar And 2 ORS

24-MCA-49-2021.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.49/2021 IN FIRST APPEAL NO.52/2015 TATA AIG GENERAL INSURANCE CO. LTD., THROUGH ITS AUT.

SIGNATORY ALOK KUMAR GUPTA ... APPLICANT

Versus

RASHMI RAGHUVIR PARAB FATREKAR AND 2 ORS.

... RESPONDENTS Mr. Milton Marshal h/f Mr. V. Kurtikar, Advocate for the Applicant.

Mr. A. D. Bhobe with Ms. A. Kuvelkar, Advocates for the Respondents.

CORAM:

M. S. SONAK, J.

DATED:

23rd September 2022 P.C.:

1.

Heard Mr. Milton Marshal for the applicant and Mr. Ashwin Bhobe for the respondents.

2.

By this application, the applicant seeks recall of the order of this Court dated 20.01.2020 dismissing this appeal for default and non-prosecution.

23rd September 2022

24-MCA-49-2021.DOC 3.

The advocate for the applicant/appellant has filed an affidavit in support of this application explaining why he was delayed in attending to this matter on the date on which it was dismissed for default/non-prosecution.

4.

Accordingly, the civil application is allowed. Order dated 20.01.2020 is recalled and First Appeal No.52/2015 is restored. 5.

Miscellaneous Civil Application is disposed of in the above terms.

M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL Date: 2022.09.26 11:36:46 +05'30'

SUCHITRA NANDAN SINGBAL 23rd September 2022