Partly allowed

Sachin Shankar Jadhav U/G Parvatibai Shankar Jadhav v. M/S New India Assurance Co. Ltd. and Others

Bombay HC12 Sept 2013CA/3057/2013

Case brief

AI extract

What is this about?

Allowed Civil Applications for condonation of delay and review, condoning a 1080-day delay, recalling an order due to absent respondent counsel, and directing to take the matter up with pending appeals.

What did the court decide?

Delay of 1080 days condoned; applicant to pay costs of Rs.1,000; order recalled; applications allowed extent.

Sachin Shankar Jadhav U/G Parvatibai Shankar Jadhav Vs M/S New India Assurance Co. Ltd. and Others — Bombay HC (2013) — LawSathi Research

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FARAD CONTINUATION SHEET NO.

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I N THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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CIVIL APPLICATION NO.3057/2013 IN REVIEW APP.ST.NO.3926/2013 in

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FA NO.1072/2008

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( Sachin Shankar Jadhav Vs. M/s New India Assurance Co.Ltd. And
Ors.)

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Office Notes, office Memoranda of Coram, appearances, Court’s orders or Directions and Registrar’s orders

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Court’s or Judge’s orders.

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Mr.Ambar S.Barlota, Advocate for applicant/s; Mr.HA Patankar, Adv. h/for Mr. VN Upadhye, Adv. For R.No.1 Mr.NT Tribhuwan, Adv. for Resp.No.3.

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CORAM: K.U.CHANDIWAL J

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DATE :12th September, 2013.

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1) Heard. On 21^st January, 2010, First Appeal No.

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1072/2008 was allowed after hearing Mr.

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V.N.Upadhye,learnedCounselforthe

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appellant. It is apparent, learned Counsel
for respondents was absent and was not heard.

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2) It is informed and not in controversy that
arising out of the same order of learned
Member of M.A.C.T. & Ad hoc District Judge-2,
Aurangabad, dated 24.12.2007, other two
appeals being First Appeal No.1073/2008 and
1074/2008, are pending before this Court.

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3) In fact, the record also illustrate, three appeals were to be taken up together.

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4) There is delay of 1080 days in making an

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application to re-call the order by filing a
review application. The delay is sufficiently

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explained, it is accordingly condoned. The
applicant – Sachin or his mother Parvatibai
w/o Shankar Jadhav to pay costs of Rs.1,000/-

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(Rupees one thousand) to the appellant –
Insurance Company within fifteen days. Since
no hearing was given on 21st January, 2010 to
the learned Counsel for the respondent in
appeal, the order is re-called.

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5) The Civil Application for condonation of delay as well as Review application are allowed to the extent as above.

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6) To be taken up with First Appeal Nos. 1073/2008 and 1074/2008.

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(K.U.CHANDIWAL)

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JUDGE

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bdv/

Sachin Shankar Jadhav U/G Parvatibai Shankar Jadhav v. M/S New India Assurance Co. Ltd. and Others

Case brief

What is this about?

What did the court decide?

Sachin Shankar Jadhav U/G Parvatibai Shankar Jadhav v. M/S New India Assurance Co. Ltd. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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