Allowed

National Insurance Co.Ltd v. Shri. Jitendra Shyamlal Gupta and Anr.

Bombay HC30 Jan 2008CAF/472/2008

Case brief

AI extract

What is this about?

The court allowed a civil application seeking restoration of a first appeal subject to serving private notice. It imposed a condition that an affidavit of service must be filed by a specific date, otherwise the condonation of delay application will be dismissed for non-prosecution.

What did the court decide?

Application allowed subject to serving private notice; condonation of delay conditional on filing affidavit of service by 29th February, 2008.

National Insurance Co.Ltd Vs Shri. Jitendra… — Civil Procedure and Limitation | Bombay HC (2008)

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 : 1 :

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Dixit

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

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 CIVIL APPLICATION NO.472 OF 2008
 IN

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 FIRST APPEAL (ST.) NO.8383 OF 2007

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 National Insurance Co. Ltd., Thane ...Applicant
 V/s.
 Jitendra Shyamlal Gupta & Anr. ...Respondents

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 Mr.N.G. Ghotekar, Advocate, for the Applicant.

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 Mr.T.J. Mendon, Advocate, for Respondent No.1.

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CORAM : ABHAY S. OKA, J.

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DATE : 30TH JANUARY, 2008.

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P.C.:

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 1. Heard Advocate for the applicant and 1st
 respondent. A case is made out for restoration.
 Application is allowed in terms of prayer clauses (a)
 and (b) subject to condition that the applicant will
 serve private notice of Civil Application No.2285 of
 2007 to the 2nd respondent returnable on 29th
 February, 2008.

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 2. If affidavit of service is not filed before
 the said date, the application for condonation of
 delay will stand dismissed for non-prosecution without
 further reference to the Court.

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 : 2 :

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[ABHAY S. OKA, J.]

National Insurance Co.Ltd v. Shri. Jitendra Shyamlal Gupta and Anr.

Case brief

What is this about?

What did the court decide?

National Insurance Co.Ltd v. Shri. Jitendra Shyamlal Gupta and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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