The Authorized Signatory, The ... vs Smt. Shakuntalabai Wd/O Arjun ...
2023 Latest Caselaw 10400 Bom

2023:BHC-NAG:14895
                                                          -1-                           38.CAF.3062.2023.odt


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH AT NAGPUR
                          CIVIL APPLICATION (CAF) NO. 3062 OF 2023
                                            IN
                          CIVIL APPLICATION (CAF) NO. 1611 OF 2021
                                            IN
                             FIRST APPEAL ST. NO. 22553 OF 2018
                                     Shriram General Insurance Co. Ltd.
                                                    Vs.
                               Smt. Shakuntalabai wd/o. Arjun Borikar & Ors.
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        Office Notes, Office Memoranda of Coram,                     Court's or Judge's orders
        appearances, Court's orders of directions
        and Registrar's orders
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                               Mr. G.I. Dipwani, Advocate for the Appellant.
                               Ms. R.S. Mankar, Advocate h/f. Mr. B.S. Mandhare, Advocate for the Intervenor.

                                           CORAM : G. A. SANAP, J.

DATED : 9th OCTOBER, 2023.

Heard learned advocates for the parties.

2. In this application, prayer is made for condonation of delay caused in filing an application for setting aside the abatement, for setting aside the abatement and for bringing on record the legal heirs of deceased respondent No.1.

3. Respondent No.1 died on 11th November, 2021. It is seen that the legal heirs of deceased respondent No.1 have also made an independent application for intervention. It appears that the legal heirs of deceased respondent No.1 have no serious objection for this application.

4. In view of this, the application is allowed. Delay caused in filing an application for setting aside the abatement is condoned. The abatement is set aside. The appellant is allowed to bring the legal heirs of deceased respondent No.1, whose names have been mentioned in paragraph 2 of the application, on record instead and in place of deceased respondent No.1.

-2- 38.CAF.3062.2023.odt

5. This order be complied within one week.

6. The application stands disposed of, accordingly.

CIVIL APPLICATION (CAF) NO. 2665 OF 2023

7. This application does not survive in view of the order passed in Civil Application No.3062/2023. Hence, it is disposed of.

CIVIL APPLICATION (CAF) NO. 1612 OF 2021

8. It is seen that the stay was not granted in the matter prior to the order dated 26th September, 2023. Therefore, there was no question of continuation of any stay.

9. Learned advocate for the appellant submits that the entire amount of compensation with other benefits has been deposited. This fact is reflected in the record.

10. Accordingly, stay is granted to the execution of the impugned judgment and award dated 19.05.2018 till disposal of the appeal.

11. The application stands disposed of, accordingly.

CIVIL APPLICATION (CAF) NO. 1611 OF 2021

12. Stand over after three weeks.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 10/10/2023 19:40:46