1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.337 OF 2009 AND MCAST.NO.4456 OF 2009. IN FIRST APPEAL NO.619 OF 2002. UNITED INDIA INSURANCE CO. LTD. VS SMT. SANJIWANI WD/O RAJENDRA TAMASKAR AND OTHERS ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri D. N. Kukdey, Advocate for the applicant. Shri A. V. Bhide, Advocate for Respondents no.1 to 3. CORAM : A.H. JOSHI AND PRASANNA B. VARALE, JJ. DATE : 15th FEBRUARY, 2010. 1. Appeal by Insurance Company was dismissed on account of failure to comply with Office objections. 2. These are applications for condonation of delay in filing application for restoration of appeal, and application for restoration. 3. The delay caused in filing application for restoration is on one and the same ground. 2 4. Admittedly, cross appeal filed by the claimants is already admitted and is pending for final hearing. 5. The contents of applications have not been denied or disputed. 6. Accepting the reasons due to which delay is caused, the delay deserves to be condoned in the interest of justice. 7. In the background of this fact of pendency of cross appeal alone, present appeal deserves to be restored. 8. In the circumstances, parties are directed to bear own costs. Judge Judge //mule//