In an interim application seeking restoration of an appeal dismissed for failure to file the paper book, the single judge condoned the delay of 3 years and 68 days and restored the appeal upon lien for withdrawal.
Permitting condonation of delay of 3 years and 68 days and restoration of the first appeal to file.
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.
KVM
1/2
8 - IA 13219 OF 2023.doc
KANCHAN Digitally signedby KANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2023.08.1118:46:58 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13219 OF 2023 IN
FIRST APPEAL NO. 259 OF 2019
Bajaj Allianz General Insurance Co. Ltd. ….. Applicant VERSUS Fazalu Mahibub Bagwan And Anr. ….. Respondents
Mr. Sarthak S. Diwan for the Applicant/Appellant.
Mr.Y.G.Thorat i/b. Mr.Ashok B.Tajane for the Respondent No.1 in FA/ Applicant in IA/3266/2023.
CORAM: ABHAY AHUJA, J.
DATE : 10th AUGUST, 2023
P.C:-
This matter was kept back in the morning session as Mr.Diwan, learned counsel for the appellant was not available. In the afternoon session Mr.Diwan appears and submits that the interim application is for the restoration of the appeal that was dismissed for failing to file paper-book within the time granted. There is delay of 3 years and 68 days. Mr.Diwan would submit that he has instructions to withdraw the appeal once the appeal is restored.
no objection if the delay is condoned and the appeal restored provided
KVM
2/2
8 - IA 13219 OF 2023.doc
the appeal is withdrawn after restoration.
[ABHAY AHUJA, J.]
Bajaj Allianz General Insurance Co. Ltd.
Fazalu Mahibub Bagwan
ABHAY AHUJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
