Allowed an interim application to set aside an order dismissing an appeal due to failure to serve respondents. Condoned delay, restored the appeal, and ordered substituted service.
Application allowed; delay condoned; order of Registrar set aside; appeal restored.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3559 OF 2021
IN
FIRST APPEAL NO. 75 OF 2017
WITH
FIRST APPEAL NO. 75 OF 2017
National Insurance Company Limited, …Applicant/ Mumbai Appellant
…Applicant/
Versus
Smt. Sangita Nilesh Shelar and Ors. …Respondent/ Defendant
Mr. Nikhil Mehta i/by KMC Legal Venture, for the Applicant/Appellant.
CORAM : N. J. JAMADAR, J. DATE : 3rd DECEMBER, 2021.
P.C.:
25th June, 2019 passed by the Registrar, (Judl.II) whereby the appeal came to be dismissed for failure to take steps qua unserved respondent Nos.1 to 5.
cause of justice, the application stands allowed.
Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2021.12.04 11:40:24 +0530
...1
Sajakali Jamadar
condoned.
FIRST APPEAL NO. 75 OF 2017
out an appropriate application to effect substituted service for
respondent Nos.1 to 5.
weeks.
(N. J. JAMADAR, J.)
...2
Sajakali Jamadar
2 issues framed by the court
Whether to condone the delay in filing an application to set aside the dismissal of the appeal for failure to serve respondents.
Whether to restore the appeal to file.
National Insurance Company Limited
Smt. Sangita Nilesh Shelar and Ors.
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
