Bombay High Court

IFFCO-TOKIO GENERAL INSURANCE CO. LTD.versusSHRI.SANTOSH KUMAR SIPAHILAL GUPTA AND ANR.

Decided: 28 April 2026
Disposal: Dismissed for non-complying conditional Order

Holding

The appeal will be dismissed if the appellant fails to supply the spare copies within the stipulated time.

Summary

The appellant, Tokio General Insurance Co. Ltd., filed a first appeal but failed to provide the required spare copies of the appeal documents to the court. Consequently, the court could not issue notice to the respondents, Shri Santosh Kumar Sipahilal Gupta and another. The judge directed the appellant to supply the spare copies within one week of the order. Upon receipt, the court will re‑issue notice to the respondents with a return date of 30 June 2026. If the appellant does not comply, the appeal will be dismissed without further reference.

Issues considered

Whether the appeal can proceed in the absence of the required spare copies of the pleadings.

Subjects

procedural law
service of notice
appeal
spare copies
court order

Judgment

                                                                                        98 fa 366-26.doc



                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                  FIRST APPEAL NO. 366 OF 2026

                             I co-Tokio General Insurance Co. Ltd.                 ... Appellant.
                                      Versus
                             Shri.Santosh Kumar Sipahilal Gupta And Anr.           ... Respondents.

                                                            —————
                             None for the Appellant.
                                                            —————

                                                             Coram : Sharmila U. Deshmukh, J.
                                                             Date : April 28, 2026
                             P.C. :

                             1.       O+ce record indicates that the Advocate for the Appellant

                             has not supplied spare copies, hence notice was not issued to

                             Respondent Nos.1 and 2. Let the spare copies be supplied in the

                             Registry within a period of one week from today.

                             2.       Upon spare copies being supplied, re-issue notice to the

                             Respondent Nos.1 and 2, returnable on 30th June, 2026. In event,

                             the spare copies are not supplied, the First Appeal to stand

                             dismissed without further reference to the Court.


                                                                       [Sharmila U. Deshmukh, J.]




                             sa_mandawgad                     1 of 1
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 29/04/2026 20:48:38

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