Jalindar Vasant Chavhan vs Sushila Dattatraya Tavhare And ...
2023 Latest Caselaw 8176 Bom

                                                              36-fa-215-2023.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                          CIVIL APPELLATE JURISDICTION

                      FIRST APPEAL NO.215 OF 2023
                                  WITH
                  INTERIM APPLICATION NO.17163 OF 2022
                                   IN
                       FIRST APPEAL NO.215 OF 2023


 Jalindar Vasant Chavhan                      ...Appellant/Applicant
       V/s.
 Mandabai Balu Temkar and Ors                 ...Respondents

                                  WITH
                      FIRST APPEAL NO.216 OF 2023
                                  WITH
                  INTERIM APPLICATION NO.17216 OF 2022
                                   IN
                       FIRST APPEAL NO.216 OF 2023


 Jalindar Vasant Chavhan                      ...Appellant/Applicant
       V/s.
 Sushila Dattatraya Tavhare and Ors                   ...Respondents


 Mr. Vikas Nana Tambavekar with Mr. B.D. Chakave, Advocate for
 the Appellant in both F.A.
 Mr. Shambhu Jha i/b Ms. Meena J. Bhalerao, Advocate for the
 Respondents No.1 to 3 in both FA.

                               CORAM     :    ABHAY AHUJA, J.

                               DATE      :    9th AUGUST, 2023

 KSG                                                                    1/3





                                                             36-fa-215-2023.doc




 P.C. :

1. Earlier an interim stay was grated on 14th June, 2023 as Mr.

Tambavekar, learned Counsel for the Appellant had submitted that

the Tribunal had failed to consider that the Appellant's Pick Up

Jeep was not involved in the accident. The stay was extended

from time to time.

2. Today when the matter is called out Mr. Jha, learned

Counsel for the Respondents draws the attention of this Court to

the reply dated 11th August, 2022 filed on behalf of original

claimants and in particular to Exhibit-A which contains vehicle

particulars issued by the Government of Maharashtra which has

been generated from the website of the Transport Department of

Maharashtra which clearly indicates that the vehicle in the name

of the Appellant bears the same registration No. MH-14-V-0448 as

the offending vehicle referred to the impugned judgment and

award.

 KSG                                                                  2/3





                                                             36-fa-215-2023.doc

3. Mr. Tambavekar, learned Counsel for the Appellants seeks to

distinguish the same by stating that in the RC book the number

stated is MH-14-V-448 and not 0448.

4. It stands two reason as to value of such an argument.

However, without saying anything more, list the matter on 11th

August, 2023 at 02:30 p.m. for the appellant to take appropriate

decision in the matter.

                                                   (ABHAY AHUJA, J.)




 KSG                                                                  3/3