The New India Assurance Co. Ltd. v. Mrs. Chhaya Vilas Satpute And ORS.

PR 34 caf 1469-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1469 OF 2015 IN FIRST APPEAL (ST) NO. 28529 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M. M. Chandanshiv i/b D. Shalini Shankar for the applicant.

CORAM : K. K. TATED, J.

DATED : 15/04/2015 P.C.:

.

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

This Application is for restoration of Civil Application no. 556 of 2015, which was dismissed in view of conditional order dated 11.02.2015 for non payment of Bhatta Charges within stipulated time.

The learned counsel for the applicant submits that Advocate on record for applicant was not keeping well and therefore, it remains on their part to pay Bhatta charges.

The learned counsel for the applicant relies on paragraph 4 of Civil Application in support of Sneha Chavan 1/2

PR 34 caf 1469-15=.doc his contention.

Considering the submissions made by the learned counsel for the applicant and reasons disclosed in paragraph 4 of the Civil Application, I am satisfied that applicant has made out case for allowing the Civil Application.

Hence, the following order:

a) Delay in preferring present Civil Application is condoned.

b) Civil Application no. 556 of 2015 is restored on file.

c) Two weeks time is granted to the applicant to pay Bhatta Charges from today, as per order dated 11.02.2015.

d) If Bhatta Charges are paid within stipulated time as stated herein above, office is directed to issue notice to the respondents, returnable after 12 weeks.

e) In addition to usual mode of service, applicant is permitted to serve respondents by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect.

f) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2