1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.292 OF 2002 (M/s Priyanka Paper Mart vs. Municipal Corporation, Aurangabad and others) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. A.S.Bajaj, Adv., h/f Mr. S.R.Malani, Adv., for the appellant. Mr.S.G.Chapalgaonkar, Adv., for Insurance Company. Mr.V.D.Sonawane, for Municipal Corporation. ... CORAM: K.U.CHANDIWAL, J. DATE:22/1/2010 P.C.:- 1. With the consent of Counsel for the parties, the appeal is heard finally. 2. Heard Mr. A.S.Bajaj, Counsel for the appellant/original plaintiff, Mr. S.G.Chapalgaonkar for the Insurance Company and Mr. V.D.Sonawane, Counsel for Municipal Corporation. 3. The plaintiff feels aggrieved by inadequate grant of decree to 2 the tune of Rs.6,15,832/- with interest at the rate of 9 per cent per annum, as against plaintiffs claim of Rs.7,50,156.72. The plaintiff is also aggrieved because of not decreeing the suit against the Municipal Corporation. 4. In similarly placed situation, United India Insurance Company moved appeal (FA Stamp No. 3109/2003), pointing that it was not properly served, consequently, the appeal of Insurance Company is allowed and the matter is remitted back. 5. In the above scenario, the circumstances demand that the present matter of the original plaintiff/appellant herein will have to meet identical treatment, as evidence will have to be adduced by the plaintiff to stake claim against Municipal Corporation and also against the Insurance Company. The Insurance Company is at liberty to adduce evidence before the learned Judge in the light of its defenses. 3 However, parties will have to strictly adhere time schedule, they will not kill time and protract the proceedings. 6. The First Appeal is partly allowed. The matter is remitted to the learned Civil Judge, Senior Division, Aurangabad, to decide it afresh within 6 months from receiving the record. No costs. (K.U.CHANDIWAL) JUDGE ... agp/292-02fa