Mohan S/O Vithobaji Kalode v. United India Insurance Co. Ltd, Thr. Its Branch Manager, Wardha And Others

1 31.mca.464.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 464 OF 2024 IN CIVIL APPLICATION NO. 776 OF 2024 IN FIRST APPEAL ST. NO.24398 OF 2023 Mohan s/o Vithobaji Kalode ..vs..

United India Insurance Company Ltd 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 D.S. Kanwale, Advocate for the appellant. CORAM: ROHIT W. JOSHI, J.

DATE : 29/01/2025.

Heard.

2.

Civil Application No.776 of 2024 was filed for condonation of delay in filing the First Appeal, which was dismissed for want of prosecution vide order dated 03.04.2024.

3.

The present application is filed on 25.04.2024 seeking restoration of the said application. The respondent nos.1 and 2 are served. Respondent no.3 is deleted and Respondent nos. 4 and 5 are served by paper publication, however, none appears.

4.

For the reasons stated in the application, the application is allowed. Civil Application No.776 of 2024 in First Appeal stamp No.24398 of 2024, is restored to file.

5.

Issue notice to the respondents on the Civil Application No.776 of 2024 as well as on the appeal, although it is not registered, returnable after six weeks.

2 31.mca.464.2024 6.

The Misc. Civil Application stands disposed of accordingly.

(ROHIT W. JOSHI , J.

) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 30/01/2025 14:52:44