All First Appeal

Order - Status 5: IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.524 OF 2006 IN FIRST APPEAL (ST.)NO.27425 OF 2005 Popat Jaysingh Awale. ..Applicant. V/s. Shamrao Dattu Landage & Ors. ..Respondents. Ms.Manda Loke for S.S.Kulkarni for applicant. CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 14, 2006. P.C. : Heard counsel for the applicant. Rule, returnable on 14th March, 2006. Applicant to serve the respondent(s) by advocate's notice either personally and/or by courier and/or by speed post and/or by RPAD and/or by email and/or by fax and file affidavit of service before the returnable date.

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.524 of 2006. IN FIRST APPEAL ST.NO.27425 OF 2005. Office notes, office memoranda of Coram, appearances, Court's Court's or Judge's orders. orders or directions and Registrar's orders. ----------------------------------------------------------------- Ms.Manda Loke for Shri S.S.Kulkarni for the Applicant. CORAM : ABHAY S.OKA, J. DATED : 14th MARCH, 2006. P.C.: 1.Await service till 7th April 2006. 2.Till next date the order of stay granted in Civil Application No.687 of 2006 will continue to operate. If the Respondents are not served on or before the next date, ad-interim relief will not be continued. Judge.

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.524 OF 2006 IN FIRST APPEAL ST.NO.27425 OF 2005 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.Sachin Chavan i/b Mr.S.S.Kulkarni for the Applicant Mr.Amit Sale for Respondent Nos.1 to 4. CORAM: A.S.OKA, J. DATED: APRIL 21, 2006. P.C.: Heard Advocates for the parties. The prayer is for waiver of the requirement of the deposit under sub section 1 of section 173 of the Motor Vehicles Act, 1988. On plain reading of the proviso to sub section 1 of section 173, it is clear that the requirement of deposit of Rs.25,000/ is mandatory and the court has no power to grant exemption. Hence, Application is rejected. Time of six weeks is granted to deposit the amount of Rs.25,000/-. If the amount is not deposited within stipulated period, First Appeal and all pending Civil Applications will stand dismissed for want of prosecution. Ad-interim relief granted in Civil Application No.687 of 2006 will continue to operate only for a period of six weeks from today. Civil Application is disposed of in above terms. Judge.

Order - Status 5: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.688 OF 2019 IN FIRST APPEAL (ST) NO.984 OF 2019 --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders. Registrar's orders. Mr. Dilip Bodke for applicant. Mrs. Tanaya Goswami, AGP for respondent Nos. 5 to 7. Mr. Pradip Zende I/b Nandu Pawar for respondent Nos. 1 to 4. CORAM : K.K. TATED, J. DATE : 11 MARCH 2019. P.C. :- . Heard learned Counsel for parties. Advocate for respondent submits that they filed their caveat and in spite of that copies are not served. Hence, advocate for applicant is directed to serve the entire proceedings on respondent's advocate on or before 22.03.2019. Matter to appear on board on 29.03.2019. (K.K. TATED, J.)

Order - Status 9: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.688 OF 2019 IN FIRST APPEAL (ST) NO.984 OF 2019 Court's or Judge's orders Mr. Dilip Bodake for applicant. Mr. Nikhil Wadikar I/b Nandu Pawar for respondent Nos. 1 to 4. Mrs. Tanaya Goswami, AGP for respondent Nos. 5 to 7. CORAM : K. K. TATED, J DATE : MARCH 29, 2019 P.C.: . Heard learned Counsel for parties. By this Civil Application, applicant is seeking permission to file the present Appeal on behalf of present trustees of the appellant No.1-Shri.Nageshwar Bhairavnath Vithoba Deosthan Trust. Considering the submissions made by learned Counsel for the applicant, averments made in Civil Application, I am satisfied that the applicant has made out case for allowing this Civil Application. Hence, following order :- a) Civil Application is allowed in terms of prayer clause (a) which reads thus :- "a. This Hon'ble Court be pleased to grant the leave to the Applicant Nos.4A to 7A to file the Appeal along with the Applicant Nos.1 to 3 thereby challenging the impugned Judgment and Order dated 29.09.2018 passed by the Ld. Ad-hoc District Judge-1, Satara, in Misc. Civil (Delay) Application No.135 of 2014 and further substituted them as Applicant Nos.4 to 7 by deleting the name of original Applicant Nos.4 to 7 from array of cause title of First Appeal and Civil Applications." b) Civil Application stands disposed of accordingly. c) No order as to costs. (K.K.TATED, J.)

Order - Status 8: Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3097 OF 2004 IN FIRST APPEAL (ST.) NO.20874 OF 2004 Vimal Chandrakant Shah & Ors. ...Applicants V/s. Surendra Dhanji Shah & Ors. ...Respondents WITH CIVIL APPLICATION NO.3099 OF 2004 IN FIRST APPEAL (ST.) NO.20878 OF 2004 Vimal Chandrakant Shah & Ors. Applicants V/s. Hansa Jayendra Shah & Ors. Respondents WITH CIVIL APPLICATION NO.3101 OF 2004 IN FIRST APPEAL (ST.) NO.21020 OF 2004 Vimal Chandrakant Shah & Ors. ...Applicants V/s. Bindu Kiran Sampat & Ors. ...Respondents WITH CIVIL APPLICATION NO.3103 OF 2004 IN FIRST APPEAL (ST.) NO.20891 OF 2004 Vimal Chandrakant Shah & Ors. ...Applicants V/s. Pramila Dhirajlal Parekh & Ors. ...Respondents WITH CIVIL APPLICATION NO.3105 OF 2004 IN FIRST APPEAL (ST.) NO.20881 OF 2004 Vimal Chandrakant Shah & Ors. Applicants V/s. Surendra Dhanji Shah & Ors. Respondents WITH CIVIL APPLICATION NO.3109 OF 2004 IN FIRST APPEAL (ST.) NO.21002 OF 2004 Vimal Chandrakant Shah & Ors. ...Applicants V/s. Tersih Keshavji Raigoga & Ors. ...Respondents WITH CIVIL APPLICATION NO.3116 OF 2004 IN FIRST APPEAL (ST.) NO.21007 OF 2004 Vimal Chandrakant Shah & Ors. Applicants V/s. Bindu Kiran Sampat & Ors. Respondents WITH CIVIL APPLICATION NO.3118 OF 2004 IN FIRST APPEAL (ST.) NO.21013 OF 2004 Vimal Chandrakant Shah & Ors. ...Applicants V/s. Kumud Tersih Raigoga & Ors. ...Respondents WITH CIVIL APPLICATION NO.3120 OF 2004 IN FIRST APPEAL (ST.) NO.21016 OF 2004 Vimal Chandrakant Shah & Ors. ...Applicants V/s. Sangeet Vinay Raigoga & Ors. ...Respondents WITH CIVIL APPLICATION NO.3122 OF 2004 IN FIRST APPEAL (ST.) NO.20869 OF 2004 Vimal Chandrakant Shah & Ors. Applicants V/s. Jayendra Dhanji Shah & Ors. Respondents Mr.Vimal Chandrakant Shah, Applicant, present in person. . Mr.Ramesh Jain, Advocate, for the Respondents. CORAM : ABHAY S. OKA, J. DATE : 21ST JANUARY, 2008. P.C.: Heard applicant appearing in person and Advocate for the original plaintiff. The impugned decree is a money decree passed in a Summary Suit. Hence, execution of the said decree cannot be stayed unless the entire decretal amount is deposited by the applicant. Hence, Application is disposed of by passing following order:- "O R D E R" (a). There will be interim relief in terms of prayer clause (a) subject to condition of applicant depositing the entire decretal amount with the Trial Court within a period of six weeks from today. (b). If the entire decretal amount is not deposited with the Trial Court within stipulated time, the interim stay will stand vacated without further reference to the Court. (c). If decretal amount is deposited within stipulated time, the Trial Court will permit the original plaintiff to withdraw the said amount on furnishing adequate security. [ABHAY S. OKA, J.]

Order - Status 5: CIVIL APPLICATION NO. 2526 OF 2010 WITH CIVIL APPLICATION NO. 2527 OF 2010 IN FIRST APPEAL (stamp) NO. 16905 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders Mr. Arjun H. Patil for the Applicant. CORAM : A.S.OKA, J. DATE : 18th February, 2011. P.C. 1 Rule, returnable on 21st April, 2011. 2 There will be adinterim relief of stay of execution and operation of the impugned judgment and order subject to condition of the Applicant depositing in this Court the entire compensation amount within a period of six weeks from today. If compliance is not made by depositing the compensation amount within the stipulated time, adinterim relief of stay will stand vacated without further reference to the Court. [ A.S.OKA, J ]

Order - Status 10: ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2526 OF 2010 IN FIRST APPEAL (stamp) NO. 16905 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders Mr. Arjun H. Patil for the Applicant. CORAM : A.S.OKA, J. DATE : 08th July, 2011. P.C. . Heard the learned counsel appearing for the Applicant. None appears for the Respondent though the notice is duly served. There is no reply filed to the application. 2 Sufficient cause is made out for condonation of delay. Rule is made absolute in terms of prayer clause (a). [ A.S.OKA, J ]

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 651 OF 2007 IN FIRST APPEAL NO. 1992 OF 2005 The State of Maharashtra & Anr..... Applicants. Versus Devidas Gangaram Gavhane & Ors...... Respondents. Mr. K.K.Tated, AGP for the Applicants. None for the Respondents. CORAM : SWATANTER KUMAR, C.J. & DR.D.Y.CHANDRACHUD, J. DATED : 14TH AUGUST, 2007. P.C.: Issue Court notice to the respondents, returnable on 26th September, 2007. In addition to the other modes of service, liberty to serve by Registered Post A. D. as well as humdast granted. Sd/- CHIEF JUSTICE Sd/- DR.D.Y.CHANDRACHUD,J.

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahor Ahd. Ansari Appellant Vs. M/s. Kataria Transport Co. Ltd. & Anr. Respondents Mr. Abhay A. Jadhavar i/b Ashok B. Tajane for the Appellant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J. DATE : 26th AUGUST, 2016. P. C. : Heard learned counsel for the appellant. Admit. The appellant to furnish the private paper book within one year from the date of this order. Copy thereof be served on the respondents. After the private paper book is filed, the appeal be fixed for hearing as per CMIS date. [DR. SHALINI PHANSALKAR-JOSHI, J.]

Order - Status 7: Vidya Amin FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 449 OF 2016 Office Notes, Office Memoranda of Coram, appearances, inces, Court's Court's or Judge's orders orders or directions and Registrar's orders Mr. Ashok B. Tajane, Advocate for the appellant. CORAM: MRS.MRIDULA BHATKAR, J. DATED: 26th September, 2017. P.C.: The learned counsel for the appellant submitted that respondent No. 1 is served by publication. He further prays to extend the time to file paper book. Time to file private paper book is extended by one month from today. (MRS.MRIDULA BHATKAR, J.)

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari V/S Appellant Adv.Y.G.Thorat i/by Ashok B. Tajane For Appellant Rupam Ghosh For Respondent No. 2 (vp Filed Before Admission) R.no.2 Is Duly Served Through Court Notice For Respondent CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 21st March, 2018 P.C. : At the request of learned advocate for the Appellant, Stand 28/03/2018 and tagged with caa(st)8671/2018. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Kavita Shinde i/by Advocate A.B. Tajane Present for Appellant. CORAM : V.R. KACHARE REGISTRAR (JUDL – II) Date : 24th September, 2018 3 weeks time is granted to supply copy of Newspaper. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 24.09.2018

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari … Appellant V/s M/s Kataria Transport Co. Ltd. And Anr. … Respondents Mr. Sharad Bhosale i/b Mr. Ashok B. Tajane, for the Appellant. CORAM : V. G. BISHT, J. DATED : 13TH JANUARY, 2020. P.C. Place this matter under the caption of " For Final Hearing" on 27th February, 2020. ( V. G. BISHT, J.)

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari ....Appellant V/S M/s. Kataria Transport Co. Ltd. And Anr. ....Respondent Mr Y G Thorat h/for Mr Ashok B Tajane, Advocate For Appellant CORAM : R.D. DHANUKA, J DATE : 27th February, 2020 P.C. : Mentioned at 2.00 p.m. At the request of the Advocate for the Appellant, place the matter on Board for hearing on 05/03/2020. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari ....Appellant V/S M/s. Kataria Transport Co. Ltd. And Anr. ....Respondent CORAM : R.D. DHANUKA, J DATE : 5th March, 2020 P.C. : Due to paucity of time the matter is adjourned to 02/04/2020 . In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 19: Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Farogh Ahd. Zahoor Ahd. Ansari ] Appellant Vs. M/s. Kataria Transport Co. Ltd. ] and another ] Respondents ..... Mr. Akshay Kashid i/b Mr. Ashok B. Tajane, for Appellant. None for the Respondents. CORAM : PRITHVIRAJ K. CHAVAN, J. DATE : 4th FEBRUARY. 2021. P.C. This is an appeal for enhancement of the claim awarded by M.A.C.T, Mumbai. ….. It is contended that despite a claim to the tune of Rs.20,00,000/-, the learned Tribunal has granted only an amount of Rs.5,93,487/-. The appeal has already been admitted on 26th August, 2016. The appellant had also filed a paper book. In that view of the matter, list the appeal on the board of "Final Hearing" in the week commencing from 15th March, 2021. [PRITHVIRAJ K. CHAVAN, J.]

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. ….Appellants Ansari V/s. M/s. Kataria Transport Co. Ltd. and another …..Respondents Mr. Y. G. Thorat i/b Mr. Ashok Tajane for the Appellants None for Respondents CORAM : NITIN W. SAMBRE, J. DATE: JULY 14, 2021. P.C.: 1] None for the appellants. Prayer for listing the appeal for fnal hearing will be considered once the physical hearing commences. [NITIN W. SAMBRE, J.]

Order - Status 23: SALGAONKAR M M Digitally signed by SALGAONKAR M Date: 2022.03.30 20:37:46 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Farogh Ahd. Zahoor Ahd. Ansari .. Appellant Versus M/s. Kataria Transport Co. Ltd. & Anr. .. Respondents … ... Mr.Y.G.Thorat i/b Mr.Ashok B. Tajane for the Appellant. CORAM: BHARATI DANGRE, J. DATED : 29th MARCH, 2022 P.C:- The appeal, being admitted on 26/08/2016, is ready for final hearing. The Registry has notified that R & P is reeeieed, but without paper-book. The learned Adeoeate for the appellant has already filed a prieate paper-book on 13/10/2017. Sinee the respondents are duly sereed and respondent No.2 is represented by Adeoeate Rupam Ghosh, list the appeal for final hearing on 04/05/2022 at 2.30 p.m. ( SMT. BHARATI DANGRE, J.)

Order - Status 25: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 of 2016 Farogh and Zahoor and Ansari .. Appellant Versus M/s.Kataria Transport Co.Ltd and Anr .. Respondents … Mr. Ashok Tajane for the appellant. None for the respondent. CORAM: BHARATI DANGRE, J. DATED : 4 th MAY 2022. P.C:- 1 Appeal is slated for final hearing. However, none appear for the contesting respondents. As far as Insurance Company is concerned, vakalatnama is filed by Rupam Ghosh, but Mr.Tajane, learned counsel for the appellant state that when he had telephonic talk with her, she had specifically informed that she had returned the papers to the Insurance Company. 2 In wake of the above, issue fresh notice to respondent no.2, intimating that the Appeal shall be taken for hearing on 4/7/2022 at 2.30 p.m in wake of the urgency expressed on behalf of the appellant. 3 Mr.Tajane is also at liberty to inform about the said order to any counsel of Oriental Insurance Company who normally represent the Company. ( SMT. BHARATI DANGRE, J.)

Order - Status 28: IN THE HIGH COURT OF JUDICATURE AT BOMBAY BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Mr. Farogh Ahmed Zahoor Ahmed Ansari … Appellant Versus M/s. Kataria Transport Co. Ltd. and Anr. … Respondents .... None for the Appellant and for the Respondents. .... CORAM : SHARMILA U. DESHMUKH, J. (HEAD OF THE PANEL) Y.A. GOSWAMI, REGISTRAR (CPC), MEMBER H.V. KULKARNI, DEPUTY REGISTRAR, MEMBER DATE : 13th AUGUST, 2022 P.C. : None appears for the parties. Transfer to the Regular Court. (H.V. KULKARNI) (Y.A.GOSWAMI) (SHARMILA U. DESHMUKH, J)

Order - Status 29: Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Farogh Ahd. Zahoor Ahd. Ansari … Appellant V/s. Kataria Transport Co. Ltd and Anr … Respondents Mr. Ashok Tajane for the appellant. Ms. S.S. Dwivedi for respondent No.2. CORAM : AMIT BORKAR, J. DATED : JANUARY 25, 2023 P.C.: List the first appeal "for final hearing" on the board commencing from 6 th February, 2023. (AMIT BORKAR, J.)

Order - Status 32: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari, Age, - 48 years, Resident of F/8, 666 Tenements Compound Mumbai – 400011 ) ) ) ) Appellant Versus 1. M/s. Kataria Transport Co. Ltd., ) A-28, Suvidha Estate, ) Gandhinagar, bavla Highwa, ) Surkhej, Ahmedabad, Gujarat. ) 2. Oriental Insurance Co. Ltd. ) 7, J. T. Road, Churchgate, ) Mumbai – 400 020. )Respondents (Policy No. 141700-2007/8927) ) Valid from 31/02/2007 to 20/03/2008 ) Mr. Ashok B. Tajane for the Appellant. Ms. Sneha Dwivedi for the Respondent No.2. CORAM : S. G. DIGE, J. DATE : 17th FEBRUARY 2023. JUDGMENT : Heard learned counsel for appellant and learned counsel for the respondent. Shantanu Dhudum 228-FA449-2016.doc Both learned counsel submits that both the parties have settled the matter. The respondent no. 2-insurance company is ready to pay Rs. 34 Lakh as compensation to the appellant excluding the amount already deposited before the MACT, Mumbai in MACP No. 3476 of 2007 as per the order dated 19/07/2014. This amount of Rs.34 Lakh would be without interest, it excludes the compensation awarded by the MACT, Mumbai. Learned counsel for appellant agrees for it. The claimant who is present in the Court also agrees for the same. In view of the submission of both learned counsel and the appellant/claimant, I pass the following order: ORDER i. Appeal is allowed. ii. The respondent no. 2-insurance company shall deposit amount of Rs. 34 Lakhs before the Tribunal within two weeks from today. iii. The appellant is permitted to withdraw the amount deposited by the respondent no. 2 insurance company as award amount granted by the tribunal along with accrued interest thereon and the amount of Rs. 34 Lakhs. The Appeal stands disposed of. All pending applications, if any, stand disposed of. Parties to act on authenticated copy of this order. (S. G. DIGE, J.)