The applicant sought restoration of a civil application dismissed due to non-service of respondents. The court condensed delay subject to payment of costs.
Application allowed subject to payment of costs of Rs.5,000.
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15-caf-137-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 137 OF 2019 IN CIVIL APPLICATION NO. 1074 OF 2014 IN FIRST APPEAL ST. NO. 14265 OF 2013
The New India Assurance Co. Ltd.
...Applicant
Versus
Chhaubutai Kisan Suryavanshi & Ors.
...Respondents
-----
Mr.S.S.Jinsiwale for the Applicant.
Mr. T.J.Mendon h/f. Mr. S.S. Thorat for Respondent No.4.
CORAM : MRS. MRIDULA BHATKAR, J. DATE : 11 APRIL 2019
P.C.:
2 have been served in the First Appeal. Respondent No.3 i.e., daughter and respondent No. 5 i.e., driver were not served and, therefore, as per objections raised by Registrar (Judicial-II), the First Appeal had been dismissed by conditional order dated 10th December, 2014 against respondents Nos.3 and 5. He further submits that due to inadvertence, Civil Application No.1074 of 2014 was not moved earlier for restoration and hence, he prayed that the said application be restored. So also permission be given to serve the notice of the Civil Application and First Appeal on respondent Nos. 3 and 5 by publication of the notice in the daily newspaper viz. “Punyanagari”. He further submits that
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15-caf-137-2019.doc
there is a delay of 4 years and 79 days in filing this application. He prays that the said delay be condoned.
(MRIDULA BHATKAR, J.)
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1 issue framed by the court
Whether the delay in filing the civil application for restoration should be condoned.
The New India Assurance Co. Ltd.
Chhaubutai Kisan Suryavanshi
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
