Allowed

Mr. Uday Krishna Mane v. the New India Assurance Co. Ltd. and Ors.

Bombay HC13 Jun 2023IA/4347/2019

Case brief

AI extract

What is this about?

The appellant sought to bring deceased party's heirs on record in a first appeal, citing a significant delay due to unawareness. The single judge allowed the application, condoned the delay, and ordered amendment within two weeks.

What did the court decide?

Interim application allowed; heirs brought on record; amendment of First Appeal within two weeks; service on other parties by next date.

Mr. Uday Krishna Mane Vs the New India Assurance Co. Ltd. and Ors. — Insurance | Bombay HC (2023)

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10-IA-4347-2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.4347 OF 2019
IN
FIRST APPEAL (ST) NO.24295 OF 2018
WITH
FIRST APPEAL (ST) NO.24295 OF 2018

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MR. UDAY KRISHNA MANE)...APPLICANT

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V/s.

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THE NEW INDIA ASSURANCE CO. LTD.& ORS.)...RESPONDENT
WITH
CIVIL APPLICATION NO.606 OF 2019
IN
FIRST APPEAL (ST) NO.24295 OF 2018

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Ms.Tejal a/w. Ms.Shalu Tanwar i/b. Mr.Bhushan Walimbe,
Advocate for the Applicant / Appellant.

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Ms.Poonam Mittal, Advocate for the Respondent No.1.

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CORAM:ABHAY AHUJA, J.
DATE:13th JUNE 2023

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P.C.:

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1.This is an application for bringing on record the heirs of
deceased Respondent no.3. There is a delay of 1 year and 303
days in preferring this application. Learned Counsel for the
Applicant draws the attention of this Court to paragraph 2 which

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10-IA-4347-2019.doc

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contains the names of the heirs to be brought on record. She
submits that the information has been given to them by the family
members of the deceased Respondent no.3. She also submits that
the delay has been caused as the applicant was not aware about
the death of Respondent no.3 and as such, no prejudice would be
caused to the other parties, if the delay is condoned and the heirs
are allowed to be brought on record.

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2. Ms.Mittal for Respondent no.1 – Insurance Company has no objection if the application is allowed.

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3.Having heard the learned Counsel and having perused the
application, the application is allowed in terms of Prayer Clauses
(a) and (b). Let the amendment be carried out within a period of
two weeks and an amended copy of the First Appeal be served on
the other parties by the next date.

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4. The Interim Application No.4347 of 2019 stands disposed.

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10-IA-4347-2019.doc

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FIRST APPEAL (ST) NO.24295 OF 2018

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1. List on 12^th July 2023 .

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(ABHAY AHUJA, J.)

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Mr. Uday Krishna Mane v. the New India Assurance Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Mr. Uday Krishna Mane v. the New India Assurance Co. Ltd. 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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