- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION O.3932 OF 2009 in CIVIL APPLICATION NO.1394 OF 2008 in FIRST APPEAL (St) NO.6145 of 2008 The New India Assurance Co.Ltd .. Applicant vs 1.Umesh Vittal Kadam & ors .. Respondents .. Mr.I.R.Kulkarni for Applicant Mr.R.S.Alange for Respondent no.1 CORAM: R.V.MORE,J DATED: October 1st, 2009 P.C. 1. Heard learned counsel for the applicant and respondent no.1. This Civil Application is taken out for restoration of Civil Application No.1394 of 2009. 2. The appellant filed First Appeal (Stamp) No.6145 of 20098 challenging the award passed by the Commissioner, under the Workmen’s Compensation Act. Since there was delay the applicant filed Civil Application bearing No. 1394 of 2008 for condonation of delay. By an order dated 18th March 2009 the applicant was directed to serve the respondents and file affidavit of service before 27th June 2008. Since said affidavit was not filed before - 2 - said date, Civil Application was dismissed. 3. The respondent no.1 is the original claimant and the respondent no.2 is the owner of the vehicle. The respondent no.2 did not participate in the proceedings before the Commissioner under the Workman’s Compensation Act. In view of the fact that the respondent no.1 appears in this Civil application through an advocate and for reasons stated in the application, Civil Application is allowed in terms of prayer clauses (a) and (b). Office is directed to issue fresh notice in Civil Application No.1394 of 2008 to the respondent no.2 returnable after six weeks. R.V.More, J - 3 -