IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIION CIVIL APPLICATION NO. 444 OF 2008 CIVIL APPLICATION NO. 444 OF 2008 CIVIL APPLICATION NO. 444 OF 2008 in FIRST APPEAL STAMP NO. 2018 OF 2008 Shri Vitthal Mahadeo Salunkhe ... Applicant (Orig. appellant) Vs. The New India Insurance Co.Ltd. & Ors. Respondents (Orig. Opponents) Mr. Parag Shelke, Advocate for the applicant. Mr. C.M. Lokesh, Advocate i/b. Mr. G.S.Hegde, Advocate for respondent No.4. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 15th September,2008 DATE: 15th September,2008 DATE: 15th September,2008 P.C. P.C. P.C. 1. As per the affidavit filed by the applicant, notice has been served on the respondent Nos. 1 to 5. Acknowledgments of respondents Nos. 1, 4 and 5 are filed, while the acknowledgments of respondent Nos. 2 and 3, who are the truck owner and the driver could not be filed. Tis may be treated as good service for the purpose of this Application. The Insurance Company is already served. 2. Heard the learned Counsel for the applicant and respondent No.4. None for the other respondents. 3. For the reasons given in the Application, the delay of 35 days in filing the appeal is hereby condoned. Application stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)