NATIONAL INSURANCE CO LTD DIVISIONAL OFFICE KAVITA VAULTS COMPLEX TP HUB AURANGABADversusMAGANBHAI JIVANBHAI KUNKANA

                                                                     65-IA-7215-2026.doc

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION


                           INTERIM APPLICATION NO. 7215 OF 2026
                                             IN
                             FIRST APPEAL (ST.) NO. 9963 OF 2025
                                            WITH
                             INTERIM APPLICATION 10317 OF 2025
                                   (Not on board. Taken on board)
                                             IN
                              FIRST APPEAL(ST) NO. 9963 OF 2025

            National Insurance Co Ltd
            Divisional Office Kavita Vaults
            Complex TP Hub Aurangabad                                 ...Appellant
                       V/s.
            Maganbhai Jivanbhai Kunkana                               ...Respondent


            Mr. Amol A. Gatne, for the Appellant/Applicant.

                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 28th SEPTEMBER, 2026.
            P.C. :-

                         Interim Application No. 7215 of 2026:

            1.           This is an application for restoration of the First Appeal by

            condoning the delay of 223 days.

            2.           Heard the learned counsel for applicant. Since it is pointed

            out that the first appeal was dismissed for failure to supply copies and

            resulted nobody had appeared in the first appeal on behalf of

            respondents, the instant application is being considered even without

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issuing notices to the respondent.

3.         The learned counsel for applicant submits that the First

Appeal was filed on behalf of the insurance company and considering

the contentions in the first appeal, this court had passed an order on

29th July 2025 by which notice was issued to the respondents and the

impugned order was stayed subject to deposit of the entire decretal

amount along with accrued interest. He submits that after this order

was passed, the copies for effecting service upon the respondents were

not supplied inadvertently and as a result the appeal came to be

dismissed for want of prosecution.

4.         He submits that the appellant insurance company desires to

contest the   First Appeal on merits however, since the appeal is

already dismissed, the same could not be prosecuted and the

respondents have already initiated execution proceedings. He submits

that the appeal which was filed on several grounds needs to be heard

and decided on merits.

5.         As regards delay, it is submitted that the order dated 5 th

December 2025 passed by the Registrar - Judicial was inadvertently

not taken note of and after the dismissal was known, certain time is

consumed in the process of obtaining necessary approvals and

permissions. He therefore states that the delay of 223 days is

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unintentional and same be condoned in the interest of justice.

6.         Considering the reasons mentioned in the application and

submissions advanced, it appears that the appellant had raised certain

grounds in the appeal but the appeal remained to be decided on

merits. Since it is desirable that the appeal be decided on merits the

instant application for restoration needs to be allowed.

7.         Accordingly, the delay of 223 days in filing the restoration

application is condoned and the instant application is allowed. The

First Appeal be restored to its original file.

Interim Application No. 10317 of 2025 In First Appeal 9963 of 2025.

8.         The appellant is granted four weeks time to deposit the

entire decretal amount along with accrued interest before the Motor

Accident Claims Tribunal and subject to this deposit, the impugned

order shall remain stayed.



                                          (PRAFULLA S. KHUBALKAR, J.)




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