Mr. Ramindar Ramlochan Sharma v. Mr. Manish Atmaram Thale And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11743 OF 2024 IN FIRST APPEAL NO.688 OF 2023 WITH FIRST APPEAL NO.688 OF 2023 Raminder Ramlochan Sharma ... Appellant/Applicant vs.

Manish Atmaram Thale and anr.

... Respondents ***** None for the Appellant/Applicant.

Mr. Nikhil Mehta i/by M/s KMC Legal Venture, Advocate for Respondent No.2.

***** CORAM : S. M. MODAK, J.

DATE : 10th OCTOBER 2024 P. C. :- INTERIM APPLICATION NO.11743 OF 2024 IN FIRST APPEAL NO.688 OF 2023 1.

No one is present on behalf of the Appellant/ Applicant. 2.

As per the conditional order dated 23rd January, 2024, the appeal was dismissed for not bringing the heirs of deceased Respondent No.1. 1/3 Digitally signed by PRIYA RAJESH SOPARKAR Date:

2024.10.15 11:38:03 +0530 PRIYA RAJESH SOPARKAR

He was the owner of the offending vehicle-dumper. 3.

I have gone through the issues framed by the Tribunal on page

12. They relates to negligence of the driver of the dumper, negligence of the deceased- motor cyclist and territorial jurisdiction. There are no statutory defence. As such, his presence is not required, even he has not appeared before the Tribunal. 4.

In view of the above facts, the application for condonation of delay and restoration against Respondent No.1 is allowed in terms of prayer clauses (a) and (b).

5.

Interim Application is disposed of.

FIRST APPEAL NO.688 OF 2023 6.

For the reasons stated above, for presence of Respondent No. 1owner of the offending vehicle is dispensed. 7.

After appearance, if the Respondent No.2 -Insurance Company will show that his presence is required, this order can be reconsidered. Notice is already waived.

8.

Heard Mr. Nikhil Mehta, learned Advocate for Respondent No.2.

2/3

9.

Copy of the appeal memo be served on Mr. Mehta. 10.

Stand over to 29th November, 2024.

[S. M. MODAK, J.] 3/3