1 IN THE HIGH COURT OF JUDICAUTRE AT BOMBAY CIVIL APPELALTE JURISDICTION CIVIL APPLICATION NO. 1074 OF 2009 IN FIRST APPEAL (STAMP) NO.5033 OF 2009 The Oriental Insurance Co. Ltd. ... Applicant Vs. Indira Vasantrao Dusane & Anr ... Respondents Mr. P.L. Bhujbal, Advocate for applicant. Mr. N.G. Ghotekar, Advocate for respondents. WITH CIVIL APPLICATION NO.1199 OF 2011 IN FIRST APPEAL (STAMP) NO.5033 OF 2009 Indira Vasantrao Dusane ... Applicant Vs. The Oriental Insurance Co. Ltd. ... Respondents & anr. Mr. N.G. Ghotekar, Advocate for applicant. Mr. P.L. Bhujbal, Advocate for respondent no.1 CORAM : SMT.R.P. SONDURBALDOTA, J. DATED : 6th April, 2011 2 P.C. : 1. Civil Application NO. 1074 of 2009 is for condonation of delay of 72 days in filing the appeal. By the order dated 7th October 2010, the applicant-Insurance Company was granted six weeks time to take steps for effecting service of notice upon respondent no. 2A, the owner of the offending vehicle. It was further directed that in case of non compliance with the direction, the applications will stand dismissed for non prosecution, without any further reference to the Court. The applicant did not take any steps for effecting service of notice upon respondent no. 2A. As a consequence, the application for condonation of delay stood dismissed against him. In view of the dismissal of the application against the owner, the application and consequently the appeal can not survive against the claimants. Hence, the civil application and the appeal are dismissed. 2. In view of the dismissal of the appeal, Civil Application No.1199 of 2011 does not survive. The same is accordingly disposed off. ( Smt. R.P. SondurBaldota, J.)