Smt. Supriya Deepak Tekawade vs Life Insurance Corporation Of ...
2022 Latest Caselaw 12962 Bom

                                                        38 sa 343.22.doc


Dusane

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CIVIL APPELLATE JURISDICTION

               SECOND APPEAL NO.343 OF 2022


Smt. Supriya Deepak Tekawade              ...Appellant

        Vs.

Life Insurance Corporation of India       ...Respondent
Pune Divisional Office- I

Mr. Aditya Barthakor i/by B.S. Iyer for Appellant.

                         CORAM: MADHAV J. JAMDAR, J.

DATE: 13th DECEMBER, 2022

P.C.:

1. Heard Mr. Barthakor, learned Counsel appearing for the

Appellant.

2. Second Appeal is admitted on the following substantial

question of law:

Whether the decree passed by the learned First Appellate Court is contrary to the principles of natural justice as the learned Advocate appearing for the Respondent in Regular Civil Appeal No. 55 of 2016 passed away on 24 th July 2018 and inspite of that the Appeal was heard without issuing notice to the Appellants (Respondent in Regular Civil Appeal No. 55 of 2016)?

38 sa 343.22.doc

3. As very short question is involved in the Second Appeal,

and the Second Appeal may prima facie require setting aside

impugned judgment and decree dated 17th February 2021 and

remanding the Regular Civil Appeal No. 55 of 2016 before the

learned First Appellate Court, issue notice to the Respondent-LIC

returnable on 20th December 2022 at 2.30 pm. In addition to

the Court notice, Appellant to serve the Respondent by private

notice and file affidavit of service before the returnable date.

4. Notice to indicate that if inspite of service of notice,

Respondent does not appear, then order will be passed in

absence of the Respondent.

5. Stand over to 20th December 2022 at 2.30 pm.

BHALCHANDRA GOPAL (MADHAV J. JAMDAR, J.) DUSANE

Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2022.12.13 18:48:07 +0530