1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1.WRIT PETITION NO.6444 OF 2009 The Manager, Oriental Insurance Co Ltd .. Petitioners Vs Shri Sambhaji Sidhu Kharade and ors .. Respondents WITH 2.WRIT PETITION NO.6687 OF 2009 The Manager, Oriental Insurance Co Ltd .. Petitioners Vs Sou Shevanta @ Shevanti Bapu @ Bapusp Marale and ors .. Respondents WITH 3.WRIT PETITION NO.6688 OF 2009 The Manager, Oriental Insurance Co Ltd .. Petitioners Vs Sou Sonal Sudhakar Kulkarni and ors .. Respondents T 2 WITH 4.WRIT PETITION NO.6689 OF 2009 The Manager, Oriental Insurance Co Ltd .. Petitioners Vs Shri Sudhakar Suresh Kulkarni and ors .. Respondents Mr. J.S.Chandani, Advocate for the petitioners. Mr. K.Dhawan h/f Mr D.B.Gupta, for Respondent no.3. CORAM : D.B.BHOSALE, J. DATE : 10/11/2009 PC: 1. Heard Mr Chandnani, learned counsel for the petitioners, Mr. Dhawan, learned counsel for respondent no.3. None appears for other respondents though served. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent of the learned counsel for the parties, the petition is taken up for hearing and final disposal at the admission stage itself. 3 3. These writ petitions are directed against identical orders passed in four Motor Accident Claim Applications, bearing nos 36 of 2008 to 39 of 2008. The order dated 17.3.2009 passed in the Motor Accident Claim Application No.36 of 2008, reads thus : “Exparte order is passed on 24.7.2008. Application is vague. Not known who & when papers were misplaced. No valid reason. Rejected. COA.” Similar orders are passed in the other three Motor Accident Claim Applications 4. It appears that on 24.7.2008 since the petitioners remained absent, though served, the Tribunal passed an order to proceed exparte against them. The petitioners on 1.12.2008 filed the applications for setting aside the order dated 24.7.2008, which the Tribunal, by the impugned orders, rejected as being vague. 5. I have perused the application at Exhibit-18 filed by the petitioners for setting aside the order dated 24.7.2008. It is true that particulars, as observed in the impugned orders, are not given in the applications. However, in the interest of justice, I deem it appropriate to give one more opportunity to the petitioners to appear and file their written statement in all the four claim applications subject to payment of costs to the 4 claimants. 6. This court, while issuing notice to the respondents on 11.8.2009, had directed the petitioners to deposit Rs.10,000/- in each of the petitions towards costs. The petitioners have accordingly deposited the costs. The claimants have chosen to remain absent, though they are served in the instant writ petitions. Keeping that in view and having considered overall facts and circumstances of the case, I am satisfied that the following order shall meet the ends of justice. (i) The order dated 17.3.2009 passed by the Tribunal on the applications filed by the petitioners for setting aside the order dated 24.7.2008 to proceed exparte against them and the order dated 24.7.2008 itself are set aside. The petitioners are allowed to file their written statement within a period of four weeks from today. The petitioners to produce a copy of this order before the Tribunal within a period of ten days from today. (ii) The petitioners are allowed to withdraw the costs deposited by them in this court and shall pay to the claimants by cheque/s before they file their written statements in the claim 5 applications. The Tribunal before proceeding further in the case shall ensure that the costs, as aforementioned, is paid to each of the claimants. With these observations, rule in all the petitions is made absolute in terms of this order. No costs. (D. B. Bhosale, J.)