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Bombay High CourtCAO/11/2026allowed

Reliance General Insurance Co. Ltd., Through Branch Manager, Nagpur v. Kamla W/O Vinayakrao Gainer And Others

2026-01-07Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2026:BHC-NAG:133 1 9. CAO 11 of 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.11 OF 2026 IN MISC. CIVIL APPLICATION (STAMP) NO.29596 OF 2025 IN FIRST APPEAL (STAMP) NO.21864 OF 2023 RELIANCE GENERAL INSURANCE CO. LTD., THROUGH BRANCH MANAGER, NAGPUR

VERSUS

KAMLA W/O VINAYAKRAO GAINER AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.M. Kukday, Advocate for Applicant.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 07th January 2026 1.

Heard learned Advocate for the applicant.

2.

This is an application for condonation of delay in filing the application for restoration of first appeal, of which registration was refused for failure to remove the office objections. 3.

Learned Advocate for the applicant submits that the delay of 349 days occurred as the applicant was not aware about the conditional order passed by the Registrar (Judicial) and for failure to remove the office objections, the registration came to be refused. It is submitted that now the applicant wants to remove the office objections and further submits that the parties desire to settle the controversy involved in the appeal.

4.

Having regard to the contents of the application and submissions advanced, the delay of 349 days does not appear to be

2 9. CAO 11 of 2026.odt intentional. Therefore, the application is allowed and the delay of 349 days in filing the application for restoration of first appeal is condoned, however, subject to costs of Rs.1,000/- (Rupees One Thousand Only), to be paid by the applicant to the High Court Bar Association Library, Nagpur, within a period of one week from today. 5.

The civil application is accordingly disposed of. MISC. CIVIL APPLICATION (STAMP) NO.

29596 OF 2025 6.

This is an application for restoration of first appeal, of which registration was refused by order dated 10.12.2024, for non removal of the office objections within stipulated period. 7.

Having regard to the contentions of the parties that they desire to settle the controversy involved in the appeal, the application for restoration of first appeal is allowed. The order dated 10.12.2024, passed by the Registrar (Judicial), is quashed and set-aside. The applicant is directed to remove the office objections within a period of one week from today. On removal of the office objections, the first appeal be restored.

8.

In view of the above, the miscellaneous civil application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) asd