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Bombay High CourtIA/12954/2025allowed

Reliance General Insurnace Company Limited v. Inder Singh Harnam Singh Hanspal And ANR.

2025-11-27Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

12 IA 12954 OF 2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12954 OF 2025 IN FIRST APPEAL (STAMP) NO. 862 OF 2021 Reliance General Insurance Company Ltd.

...Applicant

Versus

Inder Singh Harnam Singh Hanspal and Anr.

...Respondents

Mr. Pandit Kasar, advocate for the Applicant. None for the Respondents.

CORAM:

MANJUSHA DESHPANDE, J.

DATED:

27th NOVEMBER 2025.

PC:- 1.

This interim application has been filed in the First Appeal for setting aside the order passed by the Registrar (Judicial - II) on 22nd September, 2022. It is submitted that the First Appeal has been dismissed since the appellant failed to take steps within stipulated time against the respondent no.2. It is submitted by the learned advocate for the applicant that he could not furnish fresh address of respondent no.2. Hence, the order came to be passed by the Registry. According to him, the failure to take steps is neither deliberate nor intentional. Since he was not aware of the fresh address of respondent no.2, he could not take steps and he intends to serve the respondent no.2 by substituted service by taking appropriate steps. For which it is necessary to restore the First Appeal.

Digitally signed by RAJESHRI PRAKASH AHER Date:

2025.12.03 20:20:05 +0530 RAJESHRI PRAKASH AHER 27th November 2025 Rajeshri Aher

12 IA 12954 OF 2025.DOC 2.

Learned advocate for the applicant submits that he intends to file an application for substituted service to serve respondent no.2 within a period of eight weeks from the date of this order. In view of the statement made by the learned counsel for the applicant, the order dated 22nd September, 2022 is set aside by condoning the delay of 2 years and 225 days, the First Appeal stands restored to its original file.

3.

Interim Application stands disposed of.

(MANJUSHA DESHPANDE, J.) { 27th November 2025 Rajeshri Aher