Bombay High Court
The Authorized Signatory, The ... vs Smt. Shakuntalabai Wd/O Arjun ... on 9 October, 2023
Bench: G. A. Sanap
-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.
**********************************************************************************************
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
**********************************************************************************************
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 19:41:57
