Icici Lombard General Insurance Co.Ltd. v. Aditya Balasaheb Patil And ANR.

Digitally signed by PRASHANT VILAS RANE Date:

2025.02.06 21:32:18 +0530 906-IA-ST-1577-25--RESTORATION-NOB-TOB.DOC PRASHANT VILAS RANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1577 OF 2025 IN FIRST APPEAL (ST) NO. 30104 OF 2024 ICICI Lombard General Insurance Co. Ltd.

...Appellant Vs Shri. Aditya Balasaheb Patil & Anr.

...Respondents

_________ Mr. Devendranath Joshi with Pradytavna Thakurdesai, for Appellant/Applicant. Mr. Satish B. Talekar with Ms. Madhavi Ayyapan i/b. Talekar & Associates, for Respondent No.1.

__________

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:

06 FEBRUARY 2025 P.C.

1.

Not on board upon mentioning by the applicant, taken on board. 2.

Mr. Joshi, learned Counsel appears for applicant/appellant and Mr. Talekar, learned Counsel appears for the respondent-caveator. 3.

This Interim Application is filed praying for restoration of the aforesaid First Appeal which came to be rejected in pursuance of an order dated 20 December 2024 passed by the Registrar (Judicial- II), as the applicant-appellant failed to remove the office objections as per the provisions of Rule 3(ii) and Rule 5 of the Bombay High Court Appellate Side Rules,1960. There is delay of 23 days in filing this Interim Application.

4.

We have heard learned Counsel for the parties. We have perused the averments as made in the application. In our opinion, it is in the interest of justice that the application is allowed and the proceedings are restored to the file of this Court. The applicant/appellant shall take steps to remove the office objections, if any, within a period of two weeks.

5.

The application is allowed in terms of prayer clause (a) and (b). (ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 06 February 2025