Bombay High Court

USHABAI ANIL RATHOD AND ANRversusTHE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD. AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the civil application under prayer clause “B” despite the non‑appearance of the served respondent.

Summary

Ushabai Anil Rathod and another filed a civil application against the Manager of Shriram General Insurance Company Ltd and others. Respondent No.3 was served but did not appear before the court. The applicant sought relief under prayer clause “B”. The bench, after noting the non‑appearance, allowed the civil application in terms of the said prayer clause and directed that the appeal be registered. No substantive merits of the dispute were discussed as the decision was based on procedural default.

Issues considered

Whether a civil application can be granted when a respondent has been served but fails to appear
Whether relief under prayer clause “B” is appropriate in the circumstances

Subjects

Civil Procedure Code
Service of notice
Default judgment
Insurance
Prayer clause

Judgment

2026:BHC-AUG:38348
1 29-CA-9353-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 9353 OF 2024
IN FAST/20256/2024

USHABAI ANIL RATHOD AND ANOTHER
VERSUS
THE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD.
AND OTHERS
...
Advocate for Applicant : Mr. Sayyed Umair Pasha A Quader
Advocate for Respondents : Mr. Abhijit G. Choudhari
Respondent No.3 served
...

CORAM : SACHIN S. DESHMUKH, J.
DATE : 21-08-2026
PER COURT:-

1. Though served, none appeared for respondent No.3.

2. For the reasons stated in the application, the civil application

is allowed in terms of prayeer clause “B”. Office to registere the

appeal.

[SACHIN S. DESHMUKH]
JUDGE

rrd

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