Partly allowed

Icici Lombard General Insurance Company Limited, Kolhapur v. Smt. Riya Kailash Udasi and Ors.

Bombay HC11 Sept 2023IA/1924/2023

Case brief

AI extract

What is this about?

This judgment disposes of three interim applications. In one, the court condoned a 44-day delay in filing a First Appeal. In another, it ordered ad-interim relief to continue till disposal. The main matter was stood over for a hearing date.

What did the court decide?

The interim application to condone delay in filing appeal was allowed. Ad-interim stay order was extended till disposal.

Icici Lombard General Insurance Company… — Constitutional and Fundamental Rights | Bombay HC (2023)

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21.ia.3718.2023.doc

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Digitally signed by Amol Amol Diliprao Diliprao Nawale Nawale Date: 2023.09.14 18:03:40 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 3718 OF 2023

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FIRST APPEAL (ST) 3847 OF 2023

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Riya Kailash Udasi And Ors. …Applicants V/s. Icici Lombard General Insurance Company Limited, Kolhapur …Respondents

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WITH

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INTERIM APPLICATION NO.1925 OF 2023

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Icici Lombard General Insurance Company Limited,Kolhapur …Applicant V/s. Riya Kailash Udasi And Ors. …Respondents

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WITH INTERIM APPLICATION NO.1924 OF 2023

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Icici Lombard General Insurance Company Limited,Kolhapur …Applicant V/s. Riya Kailash Udasi And Ors. …Respondents

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…Respondents

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Mr. Varsha Chavan for the Appellants Mr. Bhushan Walimbe for Respondent Nos. 1 to3.

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CORAM : RAJESH S. PATIL, J.

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DATED : 11^th SEPTEMBER, 2023

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P.C.:

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INTERIM APPLICATION NO.1924 OF 2023

Amol D. Nawale

21.ia.3718.2023.doc

This Interim Application is filed for condoning the delay in filing the First Appeal.

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There is a delay of 44 days in filing this application. The counsel for respondent Nos.1 to 3 state that he has no objection in condoning the delay.

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I have gone through the contents of the application and I am satisfied that the appellant has made out a case to condone the delay. Hence, Interim Application is allowed in terms of prayer clause (a).

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4. The Interim Application stands disposed off.

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INTERIM APPLICATION NO.1925 OF 2023

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This Interim Application seeks stay to the implementation and/or the execution of the judgment and ward dated 26 September, 2022 passed by MACT, Kolhapur in MACT Application No.555 OF 2018.

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The learned advocate for the Applicant states that the entire Award amount has been deposited before the MACT, Kolhapur and ad-interim relief was already granted in the Interim Application.

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Ad-interim relief granted earlier to continue till the disposal of the First Appeal.

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The Interim Application stands disposed off.

Amol D. Nawale

21.ia.3718.2023.doc

INTERIM APPLICATION NO. 3718 OF 2023

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The learned advocate for the parties states that a short issue is involved in this matter, and the matter can be disposed of on an early date at the admission stage itself.

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In view of the same, both parties agreed that they will prepare short synopsis, notes of their arguments along with citation referred by them.

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Stand over to 9 October, 2023 at 2.30 p.m.

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FIRST APPEAL (ST) 3847 OF 2023

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The learned advocate for the Appellant states that she will again serve a private notice on Respondent Nos.6 and 7, returnable after four weeks.

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Apart from the court notice, Advocate for Applicant is permitted to serve Respondent Nos. 6 and 7 by Advocate’s private notice, by all permissible modes and file an Affidavit of Service to that effect within four weeks from today.

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Stand over to 9 October, 2023 at 2.30 p.m.

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(RAJESH S. PATIL, J.)

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Amol D. Nawale

Icici Lombard General Insurance Company Limited, Kolhapur v. Smt. Riya Kailash Udasi and Ors.

Case brief

What is this about?

What did the court decide?

Icici Lombard General Insurance Company Limited, Kolhapur v. Smt. Riya Kailash Udasi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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