Allowed

The Oriental Insurance Co.Ltd.through Motor Thiird Party Claim Hub v. Smt. Reeta Chandrajeet @ Gabbar Maurya and Ors.

Bombay HC25 Jan 2024IA/847/2024

Case brief

AI extract

What is this about?

The Court allowed an interim application to restore a first appeal dismissed for non-filing of a paper book. The appellant was directed to file the paper book within six weeks under threat of dismissal. The Court also permitted respondents to withdraw additional percentages of the deposited insurance amount to balance equities while the challenge is revived.

What did the court decide?

First Appeal restored to the file subject to filing the private paper book within six weeks; Respondents permitted to withdraw additional percentages of the deposited amount.

The Oriental Insurance Co.Ltd.through Motor Thiird Party Claim Hub… — Insurance | Bombay HC (2024)

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 60-IA-847-2024.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. 847 OF 2024

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IN

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FIRST APPEAL NO. 1094 OF 2018

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The Oriental Insurance Co.Ltd.

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…Applicant

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Versus

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SNEHA NITIN CHAVAN

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Digitally signed by SNEHA NITIN CHAVAN Date: 2024.01.29 20:35:29 +0530

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Smt. Reeta Chandrajeet @ Gabbar Maurya And …Respondents
Ors.

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************

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Mr. Devendra Joshi a/w Pradyumna Thakurdesai for Applicant.
Mr. T.R. Kale i/b T.J. Mendon for Respondent Nos. 1 to 3.

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************

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CORAM : M.M. SATHAYE, J. DATE : 25^th JANUARY, 2024

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P.C. :

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1. This is an application by the Appellant/Insurance Company
seeking restoration of above first appeal, which is dismissed as a
consequence of conditional order dated 25 April 2019 for not filing of
private paper book within the stipulated time. The application is
filed on 23 January 2023. There is delay in filing the application.
However till date no reply is filed by the Respondent Nos. 1 to
3/Claimants.

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2.The Respondent Nos. 1 to 3/claimants are represented by a
lawyer. Respondent Nos. 4 and 5 are owner and driver (who are co-
defendants/judgment debtors with Appellant/Insurance Co.) who
had remained absent even before the Tribunal. Therefore notice to
said Respondents is dispensed with.

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Page 1 of 2

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Sneha Chavan

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 60-IA-847-2024.doc

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3.Considering the averments made in application, which have
gone controverted and the fact that appeal has been dismissed for
non compliance with procedural requirement of filing paper book,
the application is allowed in terms of prayer clauses (a), (b) and (c).
The appeal is restored to the file, subject to condition that the
Appellant/Insurance Company files private paper book in this Court
within a period of 6 weeks from today. It is clarified that if the
private paper book is not filed within the said stipulated time, the
appeal shall stand dismissed without further reference to the Court.

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4.Considering the fact that the when the appeal was admitted
and conditional order of paper book was passed on 25 April 2019,
simultaneously this Court had permitted the Respondent Nos.1 to 3 /
Claimants to withdraw 25% of the amount deposited by the
Insurance Company and that now the appeal is being restored and
the challenge to the impugned judgment and award is revived, it
would be appropriate to balance the equities. Hence, Respondent
No.1 is permitted to withdraw further 15% and Respondent Nos. 2
and 3 are permitted to withdraw further 5% each of the awarded
amount which is deposited by the Applicant / Insurance Company.

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5.Interim Application is disposed of in above terms. All
concerned to act on duly authenticated or digitally signed copy of this
order.

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6. Place the First Appeal after six weeks for further orders.

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 (M.M. SATHAYE, J.)

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Page 2 of 2

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Sneha Chavan

The Oriental Insurance Co.Ltd.through Motor Thiird Party Claim Hub v. Smt. Reeta Chandrajeet @ Gabbar Maurya and Ors.

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co.Ltd.through Motor Thiird Party Claim Hub v. Smt. Reeta Chandrajeet @ Gabbar Maurya and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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