Reliance General Insurance Company Limited v. Mahendra Shripat Mane And ANR.

03-IA-38854-2025.DOC Rekha Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 38854 OF 2025 IN FIRST APPEAL NO. 933 OF 2023 Reliance General Insurance Company Limited ...Applicant

Versus

Mahendra Shripat Mane And Anr.

...Respondents

Mr. Devidas G. Bhoir i/b Pandit Kasar, for the Applicant. Mr. T. J. Mendon, for the Respondents.

CORAM:

R. M. JOSHI, J.

DATED:

8TH JANUARY, 2026.

PC:- 1.

This Application is for restoration of the First Appeal, which came to be dismissed against the Respondent Nos. 1 and 2, on account of failure on the part of the appellant to take steps to serve these respondents. The delay of 1 year and 258 days is sought to be condoned.

2.

Mr. Mendon, sou motu causes appearance on behalf of respondent No.1. He opposes the Application. REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2026.01.09 11:00:12 +0530 8th January, 2026

03-IA-38854-2025.DOC 3.

Since the Appeal came to be dismissed before service of notice on the respondent No.2, notice of this Application to the Respondent No.2 stands dispensed with.

4.

Considering the delay, the amount of delay caused in preferring the Application for restoration of the Appeal, in the interest of justice, the delay is condoned subject to costs of Rs.5,000/- payable by the Applicant/Appellant to the Respondent No.1. Costs to be paid within a period of two weeks from today. 5.

If cost is not paid this Application shall be treated as dismissed without reference to the Court.

6.

If cost is paid, the Appeal be registered.

7.

Learned Counsel for the Applicant/Appellant undertakes to take steps to serve respondent No.2, within a period of four weeks. 8.

Stand over to 5th February, 2026.

( R. M. JOSHI, J.) { 8th January, 2026