ndm 1 caf.4279.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4279 OF 2009 IN FIRST APPEAL STAMP NO. 14484 OF 2009 New India Insurance Company Ltd. ... APPLICANT Vs. Kiran Raghunath Chaugule and anr. ... RESPONDENTS -------------- Mrs. Urmila K. Sanil, Advocate for Applicant. -------------- CORAM : S.J. KATHAWALLA, J. DATE : 10 th November, 2009. P.C. 1 The Civil Application is filed by the applicant seeking setting aside of the order of dismissal dated 20 th July, 2007 and further seeking restoration of the First Appeal Stamp No. 14484 of 2009. The learned advocate for the applicant was unwell on 20 th July, 2007 due to which he was unable to remain present in Court. 3 The order dated 20 th July, 2007 is therefore, set aside and the appeal alongwith Civil Application for stay are restored to file. Place the Appeal for admission on 05 th December, 2009. ndm 2 caf.4279.09.sxw 4 Civil Application No. 4279 of 2009 is disposed of accordingly. [ S.J. KATHAWALLA, J ] ndm 3 caf.4279.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2870 OF 2009 IN FIRST APPEAL NO. 14486 OF 2009 New India Insurance Company Ltd. ... APPLICANT Vs. Kiran Raghunath Chaugule and anr. ... RESPONDENTS -------------- Mrs. Urmila K. Sanil, Advocate for Applicant. -------------- CORAM : S.J. KATHAWALLA, J. DATE : 10 th November, 2009. P.C. 1 By Civil Application No. 2870 of 2009, the applicant is seeking stay of the order dated 25 th November, 2008 in Claim Petition No. 869 of 2007. The appellant undertakes to deposit the entire decreetal amount alongwith interest upto the date of the deposit before the trial Court within two weeks from today. The learned advocate appearing on behalf of the appellant undertakes to withdraw the amount of Rs.25,000/- already deposited before this Court and deposit the same alongwith interest thereon @7.5 percent in the trial Court within 3 weeks from today. The undertaking is accepted. In view thereof, the ndm 4 caf.4279.09.sxw order dated 25 th November, 2008 is stayed. 2 The appellant shall issue private notice to the respondents informing them that the appeal is kept for admission before this Court on 5 th December, 2009 and that they should remain present. The respondents be further informed that, if they fail to remain present on 5 th December, 2009, this Court shall proceed with the hearing of the appeal in their absence. The respondents shall be at liberty to apply before this Court for withdrawal / setting aside of the stay granted by this Court. 3 S.O. to 5 th December, 2009. [ S.J. KATHAWALLA, J ]