1 caf.2666.04.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2666 OF 2004 IN FIRST APPEAL (STAMP) NO.16397 OF 2004 The New India Assurance Co.Ltd. ...Applicant Versus Smt.Malathi Rajendran Audai Kannu & Ors. ...Respondents WITH CIVIL APPLICATION NO.703 OF 2005 WITH CIVIL APPLICATION NO.704 OF 2005 IN FIRST APPEAL (STAMP) NO.32360 OF 2004 The Oriental Insurance Co.Ltd. ...Applicant Versus Malathi Rajendra Adai Kannu & Ors. ...Respondents ...... Mr.S.M.Vidyarthi for Applicant. Mr.T.J.Mendon for Respondents 1 to 3. ...... CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ. DATED:- AUGUST 5, 2010. P.C. 1. Counsel for Respondents 1 to 3 submits that he is appearing for the Claimants. Further, the Claimants have already received the compensation amount in execution of the decree passed in favour of the said Respondents. The other Respondents namely Respondents 4 to 9 against whom the proceedings are already terminated for non-prosecution in terms of order 2 caf.2666.04.sxw dated 18th July 2005 are the contesting Respondents. The grievance in the Appeal filed by the Insurance Company is essentially against the said Respondents and not the Claimants/Respondents 1 to 3 as such. If it is so, nothing would survive for consideration in the present proceedings. 2. Realising this position, Counsel for the Applicant/Insurance Company seeks time to examine the matter and take necessary corrective measures as may be required. That be done within three weeks from today as prayed, failing which, the Applications shall stand dismissed for non- prosecution without further reference to the Court and as a consequence of that order, the Appeals paper will have to be consigned to the record. 3. If steps are taken in time, matter be listed on 26th August 2010. (A.A.SAYED, J.) (A.M.KHANWILKAR, J.)