spb/- 1 ca2467-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 2467 OF 2009 IN FIRST APPEAL (ST.) NO. 13768 OF 2009 The New India Assurance Co. Ltd., . ... Appellant. V/s. Smt. Lata Pandit Deore & Ors. ... Respondents. --- Mr. Rakesh K.Singh i/by A. Verma for the Applicant/Appellant. None for the Respondents. ----- CORAM : D. G. KARNIK, J. DATE : 28th FEBRUARY, 2011. P.C. 1 Heard learned counsel for the Applicant/Appellant. 2 This is an application for condonation of the delay in filing of an appeal against an Award passed by the Motor Accident Claims Tribunal. The delay condonation application has been dismissed against the respondent no.4 for non-service. Matter was thereafter adjourned with directions to the applicant to point how the application survives in view of its dismissal against respondent no.4. The respondent no.4 who is original owner of the vehicle is a necessary party to the application for condonation of delay in as much as the decree against him has become final and liability of the appellate insurance company is only to indemnify them. The effect of the dismissal of an application against respondent no.4 would result in dismissal of the entire application. spb/- 2 ca2467-09.sxw 3 Hence, the application is dismissed as a whole. [D.G. KARNIK, J.] .....