Bombay High Court
THE ORIENTAL INSURANCE CO. LTD. THR. MOTOR THIRD PARTY CLAIM HUBversusMRS.MANISHA KISHOR CHOUDHARY AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the delay, allowed service of Respondent No.5 by publication, and restored the appeal.
Summary
The Oriental Insurance Co. Ltd. appealed a dismissal of its claim against Mrs. Manisha Kishor Choudhary and others. The appeal had been dismissed in April 2022 for failure to serve Respondent No.5, the vehicle owner. The appellant sought restoration of the appeal and service of Respondent No.5 by publication, while also moving for condonation of a 317‑day delay in filing the appeal. The court allowed the restoration application, ordered service of Respondent No.5 by publication, and condoned the delay, permitting the appeal to proceed. It also issued a notice to Respondent No.5 and allowed the other respondents to file a private paper‑book within four weeks. The interim application and the condonation application were disposed of in the appellant’s favour.
Issues considered
- Whether the delay of 317 days in filing the appeal can be condoned.
- Whether Respondent No.5 can be served by way of publication.
- Whether the appeal dismissed earlier can be restored.
Subjects
- insurance
- appeal
- condonation of delay
- service by publication
- civil procedure
Judgment
LSP 1 25 fast 35481.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
First Appeal (st) No. 35481 of 2017
With
Civil Application No.2047 of 2019
With
Interim Application No. 6666 of 2026
The Oriental Insurance Co. Ltd. … Appellants
V/s.
Mrs. Manisha Kishor Choudhary
and others … Respondents.
Mr. Devendranath S.Joshi Advocate for the Appellant
Ms. Namrata Gawde i/b. Varsha Advocate for the Respondent
Chavan No.1.
CORAM : S.M. MODAK, J
DATE : 23rd September 2026.
P.C. :
1. Heard learned Advocate Joshi for the Appellant/applicant in
Interim Application No.6666/2026.
Digitally
signed by
LATA
LATA SUNIL
SUNIL PANJWANI
PANJWANI Date:
2026.09.24
13:00:28
+0530
2. The appeal was dismissed by order of learned Registrar
Judicial-II as per the order dated 18th April 2022 for not taking steps
against Respondent No.5 who is the owner of the vehicle/insured.
Now Mr. Joshi assures that he will take steps for serving Respondent
No.5.
3. The application is opposed on behalf of Respondent Nos. 1 to
4.
LSP 2 25 fast 35481.17.doc
4. For the reasons stated in the application for restoration, it is
allowed in terms of prayer clauses (a)(b) and (c). Respondent No.5
be served by way of publication.
5. Interim Application is disposed of.
Civil Application No.2047/2019
6. This is an application for condonation of delay in filing the
appeal. There is delay of 317 days.
7. For the reasons stated in the application, delay is condoned.
The application is allowed and disposed of.
First Appeal (st)No. 35481/2017
8. Issue notice to Respondent No.5, returnable on 6th November
2026.
9. The Respondent Nos.1 to 4 are permitted to file private paper-
book within a period of 4 weeks.
(S.M. MODAK, J.)
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