Divisional Officer, The New India Insurance Company Ltd. v. Smyt. Heerabai Bansidas Bairagi And ORS.

8.FAST.27946.13 wt CAF.633, 634.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 27946 OF 2013 WITH CIVIL APPLICATION NO. 633 OF 2014 WITH CIVIL APPLICATION NO. 634 OF 2014 Divisional Officer, The New India Assurance Co. Ltd.

Satpur, Legal Cell, Nashik ...

Appellant (Orig. Opp. No.3)

Versus

Heerabai Bansidas Bairagi & Ors.

... Respondents (Resp. No.1-Orig. Petitioner, Resp. Nos.2 and 3- Orig.

Opponent Nos.1 and 2.) Mr. Yatin Malvankar a/w Mr. Atharva Date i/b Mr. Shubham Misar for the Appellant.

Ms. Yogita M. Deshmukh for Respondent No.1.

CORAM : R.I. CHAGLA, J.

DATED : 23rd NOVEMBER, 2022.

ORDER :

Heard the learned Advocate for the parties.

By the order dated 26.04.2022 this Court had directed the Appellant to take steps to serve Respondent No.3 within a week from Waghmare 1/2

8.FAST.27946.13 wt CAF.633, 634.14.doc today. If such steps are not taken, the Appeal shall stand dismissed. It is an admitted position that Respondent No.3 has not been served. Accordingly, in view of order dated 26.04.2022, the First Appeal stands dismissed.

In view of dismissal of the First Appeal, the Civil Applications do not survive and are accordingly disposed of. In the event the Appellant files an application for restoration, that shall be considered on its own merits.

by WAISHALI SUSHIL WAGHMARE Date:

2022.11.25 17:41:27 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2