Cholamandalam M.S. General ... vs Smt. Priya Satish Raut And Others
2022 Latest Caselaw 13012 Bom

                                                     1                                      20.CAF.2350-2022.odt




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

                    CIVIL APPLICATION (CAF) NO. 2350 OF 2022
                                       IN
                       FIRST APPEAL (ST) NO. 16403 OF 2022
  ( The Cholamandalam M.S. General Insurance Co. Ltd. Vs. Smt. Priya
                       Satish Raut & Ors. )
Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mrs. Mrunal Naik, Advocate for the Applicant/Appellant.
                                  Mr. G.D. Asole, Advocate for the Non-applicant/Respondent Nos. 1 to 3.

                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 14th DECEMBER, 2022.

The Office note indicates that the non- applicant/respondent No.4 is no more, however the statement is made by the learned counsel for the non-applicant/respondent Nos. 1 to 3 are the only legal heirs of the non-applicant/respondent No.4, considering which, no further steps are required.

2. None appears for the non-applicant / respondent No.5 though served.

3. Civil Application (CAF) No. 2350/2022 seeks condonation of delay of 117 days in filing the appeal. Though the same is opposed by Mr. Asole, learned counsel for the non-applicant/respondent Nos. 1 to 3, considering the quantum of delay and accepting the reasons given, the delay is condoned. The application is allowed.

4. Office to register the Appeal.

2 20.CAF.2350-2022.odt

FIRST APPEAL (ST) NO. 16403 OF 2022

Considering the nature of the challenge, ADMIT.

2. Mr. Asole, learned counsel waives notice on merits for the respondent Nos. 1 to 3.

3. The respondent No. 4 be deleted having passed away and her legal heirs being already on record as respondent Nos. 1 to 3.

4. The respondent No. 5 be served afresh on merits within four weeks by all modes permissible in law including E-mail and Whats App.

5. Hamdast is granted.

6. Call R and P.

7. Paper-book be filed within four weeks.

CIVIL APPLICATION (CAF) NO. 2351/2022

The application seeks stay of the impugned judgment and award. The learned counsel for the applicant/appellant undertakes to deposit the entire compensation amount within two weeks from today, considering which, there shall be ad interim stay to the impugned judgment and award, subject to the deposit of the aforesaid amount.

Signed By:SHRIKANT
DAMODHAR BHIMTE                                                          JUDGE
             SD. Bhimte

Signing Date:14.12.2022 17:17