ndm 1 caf.4280.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4280 OF 2009 IN FIRST APPEAL STAMP NO. 14481 OF 2009 New India Insurance Company Ltd. ... APPLICANT Vs. Nanjio Savvabhai Ranva and ors. ... RESPONDENTS -------------- Mrs. Urmila K. Sanil, Advocate for Applicant. -------------- CORAM : S.J. KATHAWALLA, J. DATE : 10 th November, 2009. P.C. 1 The Civil Application is filed by the applicant seeking setting aside the order of dismissal dated 20 th July, 2007 and further seeking restoration of the First Appeal Stamp No. 14481 of 2009. The learned advocate for the applicant was unwell on 20 th July, 2007 due to which he was unable to remain present in Court. 2 The order dated 20 th July, 2007 is therefore, set aside and the appeal alongwith Civil Application for stay are restored to file. Place the Appeal for admission on 05 th December, 2009. ndm 2 caf.4280.09.sxw 3 Civil Application No. 4280 of 2009 is disposed of accordingly. [ S.J. KATHAWALLA, J ] ndm 3 caf.4280.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2623 OF 2009 IN FIRST APPEAL STAMP NO. 14481 OF 2009 New India Insurance Company Ltd. ... APPLICANT Vs. Nanjio Savvabhai Ranva and ors. ... RESPONDENTS -------------- Mrs. Urmila K. Sanil, Advocate for Applicant. -------------- CORAM : S.J. KATHAWALLA, J. DATE : 10 th November, 2009. P.C. 1 By Civil Application No. 2623 of 2009, the applicant is seeking stay of the order dated 08 th July, 2008 passed in Claim Petition No. 1215 of 2000. The learned advocate appearing on behalf of the appellant undertakes to deposit an amount of Rs.4,71,000/- before the trial Court within three weeks from today. The undertaking is accepted. In view thereof, the award dated 08 th July, 2008 passed in Claim Petition No. 1215 of 2000 by the learned Member, MACT, Mumbai is stayed. 2 The appellant shall issue private notice to the respondents ndm 4 caf.4280.09.sxw informing them that the appeal is kept for admission before this Court on 5 th December, 2009 and that they should remain present. The respondents be further informed that, if they fail to remain present on 5 th December, 2009, this Court shall proceed with the hearing of the appeal in their absence. The respondents shall be at liberty to apply before this Court for withdrawal / setting aside of the stay granted by this Court. 3 S.O. to 5 th December, 2009. [ S.J. KATHAWALLA, J ]