1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 809 of 2011 IN FIRST APPEAL (st) NO. 6130 OF 2011 National Insurance Company Ltd. .. Applicant Versus Mahesh M. Kakkad & Anr. ...Respondents Mr. Nikhil Mehta i/b.KMC Legal Venture for Applicant/Appellant . Mr. A.M.Gokhale i/b.M.B.Kothak for the Respondent No.1 CORAM:- A.M.KHANWILKAR & R.Y.GANOO, JJ. DATED:- 1st AUGUST, 2011. P.C. 1. Counsel for the respondent, in all fairness submits that since the claimant has also filed appeal against the same decision, which has been admitted, he may not oppose the prayer for condoning the delay in filing the present appeal by the Insurance Company, which is only of 49 days. He further submits that even this appeal be ordered to be registered and admitted in terms of this order. To be heard along with companion Appeal No.61 of 2011. 2 2. Accordingly, this application is made absolute in terms of prayer clause (a). 3. Office is directed to register First Appeal (St) No.6130 of 2011, subject to removal of office objections, if any. 4. Counsel for the applicant/appellant submit that there are no office objections. He further assures that if there is any office objection, he would take steps to remove the same. Assurance so given is accepted on the assumption that the appeal will be registered. 5. As suggested by the Counsel for the respondent, we admit this appeal. To be heard along with First Appeal No.61 of 2011. Printing of Appeal book is dispensed with. 6. Issue notice, returnable on 17th October, 2011. Mr. Gokhale waives service for the respondent no.1. 7. In addition, petitioner to serve rest of the respondents by Advocates 3 notice either personally or speed post/e-mail/fax and file affidavit of service on or before 13th October, 2011, failing which, petition to stand dismissed for non prosecution as against the unserved respondents, without further reference to the court. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)