IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 644 OF 2008 IN STAMP NUMBER (APPLN.) NO. 2440 OF 2008 ORIENTAL INSURANCE CO. LTD ... Applicant Versus SHRI MADHAVRAO D. P. DESSAI AND 3 ORS. ... Respondent Mr. Emerico Afonso, Advocate for the applicant. Coram:- C. L. PANGARKAR, J. Date:- 6th January, 2009 P.C. This application has been filed for substitution of the legal representatives of the respondent no.1 who is said to have died on 16.09.2005. The application for substitution of the legal representatives has been filed on 19.8.2008. By the time the application for substitution of the legal representatives was filed, the appeal had already abated. The applicant has therefore, filed three applications i.e. one for substitution of legal representatives, for setting aside abatement and other for condonation of delay in filing the application for setting aside abatement. Notice of all these applications have been served on the legal representatives as well as the other respondents. None of them have appeared before the Court to contest the case. It is stated in the applications that the applicant was not knowing about the death of the respondent no.1. The applicant came to know about death of the respondent no.1 when he was informed by one of the legal representatives of the respondent no.1 that the respondent no.1 had died on 16.09.2005. It appears that the applicant came to know on 07.08.2008 and it further appears that the application for substitution of legal representatives has been filed on 19.08.2008. In view of the fact that the applicant came to know about the death of the respondent no.1 on 07.08.2008 and necessary steps have been taken thereafter, abatement is set aside, the delay is condoned and legal representatives be brought on record. Appeal memo be amended. C. L. PANGARKAR, J. lh/.