Reliance General Insurance Co. Ltd. Thr. Authorized Officer, Nagpur v. Mustakin Sheikh Nijamuddin Sheikh And Others

1/2 33.caf.3364.2025 in fa.186.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3364 OF 2025 WITH CIVIL APPLICATION (CAF) NO. 3363 OF 2025 IN FIRST APPEAL NO. 186 OF 2018 (Reliance General Insurance Company Ltd. V/s Mustakin Sheikh Nijamuddin Sheikh & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D. N. Kukday, Advocate for Appellant.

--------------------------- CORAM : PRAVIN S. PATIL, J.

DATE : SEPTEMBER 22, 2025.

CIVIL APPLICATION (CAF) NOS. 3364/2025 AND 3363/2025 .

By these Applications, the Appellant is seeking condonation of 685 days delay in filing the application for setting aside abatement of Appeal against the Respondent No.1 and for bringing legal representatives of Respondent No.1 on record. 2.

It is seen from the record that Respondent No.1 is expired on 19/1/2023 and the same was informed by filing pursis dated 20/9/2023. The Appellant shall, accordingly, take necessary steps in the matter.

3.

Hence, for the reasons stated in the Applications, which are not controverted, both the Civil Applications are allowed.

2/2 33.caf.3364.2025 in fa.186.2018.odt 4.

The delay of 685 days in filing application for setting aside abatement of Appeal against the Respondent No.1 and for bringing legal representatives of Respondent No.1 on record is hereby condoned.

5.

The order of abatement of appeal against the Respondent No.1 is hereby quashed and set aside and the Appellant is permitted to bring on record the legal representatives of Respondent No.1, as stated in paragraph No.3 of the Application.

6.

Necessary amendment be carried out in cause-title of the Appeal within a period of one week from today. 7.

After the amendment is carried out, issue notice to the proposed legal representatives of the Respondent No.1, returnable after four weeks.

[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 23/09/2025 11:22:41