Dilip S/O Narayan Chopkar And ... vs The New India Insurance Co. Ltd., ...
2021 Latest Caselaw 5658 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                     Civil Application [CAF] No.376 of 2021
                                        in
                         First Appeal St. No.641 of 2021
                           Dilip s/o Narayan Chopkar & another
                                            vs.
                         The New India Insurance Co. Ltd. & others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                             Court's or Judge's Orders
or directions and Registrar's orders.
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                           Shri R.D. Hajare, Advocate for the Applicants/Appellants.

                                            CORAM    : S.M. MODAK, J.

                                            DATE     : 25th MARCH, 2021.

                                            Heard   the   learned     Advocate           for     the
                           applicants/appellants.

This is an application for condonation of delay. The notices were issued. The appellant/owner claims that he has served the Insurance Company privately. Service report is awaited.

Stand over after four weeks.

Civil Application [CAF] No.378/2021:

Heard the learned Advocate for the applicants. He submits that the Insurance Company though has produced the permit, it was of the erstwhile owner and not the permit standing in the name of appellant No.1-owner. In fact, the permit standing in the name of appellant No.1 was a proper permit by which the vehicles are to be plied on the road from Nagpur-Wadsa and for return journey. This

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document could not be produced before the Tribunal due to approach of the Advocate appearing before the Tribunal.

Issue notice to the respondents, returnable after four weeks.

Civil Application [CAF] No.379/2021:

Already the appellants have deposited the statutory amount of Rs.25,000/-. The appellants are at liberty to press this application when the appeal will be heard finally.

So, tag this application to the appeal, if the delay is condoned.

Civil Application [CAF] No.377/2021:

Heard the learned Counsel for the applicants. He claims that the judgment from the Tribunal was obtained by fraud in the sense that the Insurance Company has deliberately produced the permit standing in the name of erstwhile owner and has not produced the permit standing in the name of appellant No.1. According to him, pay and recover order ought not to have been passed.

The Insurance Company has already deposited the amount before the Tribunal.

Hence, issue notice to the respondents, returnable after four weeks.

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Meanwhile, stay is granted to the execution proceeding bearing M.A.C.P. No.13/2020 till appearance of respondent No.1-Insurance Company.

The appellants to intimate about this order to the executing Court.

JUDGE *sandesh