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United India Insurance Co. Ltd. Vs Mrs… — Civil Procedure and Limitation | Bombay HC (2018)

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Bombay HC
2018
United India Insurance Co. Ltd. Vs Mrs. Pournima ManUnited India Insurance Co. Ltd. v. Mrs. Pournima Manoj Uteka

Allowed

United India Insurance Co. Ltd. v. Mrs. Pournima Manoj Utekar and Ors.

Bombay HC14 Feb 2018CAF/625/2018

Case brief

AI extract

What is this about?

The High Court condoned a delay of 1416 days and allowed the applicant's application for restoration of a dismissed First Appeal, setting aside the dismissal order without a hearing and directing compliance within two weeks.

What did the court decide?

The conditional order of dismissal was set aside; the delay of 1416 days was condoned; First Appeal was restored; applicant to comply within two weeks or case dismissed.

What the court decided

AI extract

Outcome

The conditional order of dismissal was set aside; the delay of 1416 days was condoned; First Appeal was restored; applicant to comply within two weeks or case dismissed.

Issue for consideration

Whether the delay in filing the civil application for restoration should be condoned. +1 more

Detailed headnote1 paragraphs

Civil application for restoration of a first appeal dismissed for non-compliance was allowed. The court condoned the excessive delay of 1416 days, held that notice was unnecessary as the matter was not served, and restored the appeal to the file while directing the applicant to comply with the conditional order within two weeks.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

510.CAF625_2018.doc

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION No. 625 OF 2018 IN FIRST APPEAL (ST.) NO. 20802 OF 2013 (R.C. NO. 436 OF 2016)

United India Insurance Co. Ltd. ... Applicant

Vs.

Mrs. Pournima Manoj Utekar & Ors.

... Respondents

Mr. Amol Gatne, Advocate for the applicant.

CORAM: MRS.MRIDULA BHATKAR, J. DATE: 14^th February, 2018.

P.C.:

Upon mentioning, taken on production board.

This Application is moved for restoration of First Appeal and

Civil Applications, which was dismissed for non-compliance of order dated 13^th February, 2015 within the stipulated time.

The learned counsel for the applicant submitted that the matter was dismissed before issuance of notice. He submitted that the applicant is ready to comply with the conditional order within two weeks from today. He submitted that there is a delay of 1416 days in filing this Application and the delay caused is neither deliberate nor intentional, hence the same be condoned.

1 / 2

510.CAF625_2018.doc

As this matter was dismissed for want of compliance of order before issuance of notice, hence no notice is required in the present Application. In view of this submissions and the reasons mentioned in the Application, the conditional order of dismissal is hereby aside and delay is condoned. First Appeal is restored to its original file along with Applications and the orders passed therein. The applicant shall comply with the conditional order within two weeks from today. If the order is not complied within the stipulated time, the Appeal shall stand dismissed forthwith without further referring to the Court.

Civil Application is allowed and is disposed of accordingly.

(MRIDULA BHATKAR, J.)

2 / 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the delay in filing the civil application for restoration should be condoned.
2.
Whether notice is required when the matter was dismissed for non-compliance before issuance of notice.

Parties & counsel

AI extract

applicant
United India Insurance Co. Ltd.
respondent
Mrs. Pournima Manoj Utekar & Ors.

Coram

AI extract

Mridula Bhatkar

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 14 Feb 2018 · February
Registered: 14 Feb 2018
Case no.: CAF/625/2018
CNR: HCBM010026522018
Topic: Civil Procedure and Limitation
Bench: Mridula Bhatkar
Disposal: Disposed Off

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Cite this judgement

United India Insurance Co. Ltd. v. Mrs. Pournima Manoj Utekar and Ors., CAF/625/2018 (BOM), decided on 14 February 2018.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Mridula Bhatkar

Parties & counsel