All First Appeal

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.502 OF 2013 Office Notes, Office Memoranda of appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Ms.Poonam Mital Advocate for Appellant. None for the Respondent. CORAM: A.P. BHANGALE, J. DATED : 23rd September 2013. P.C. : Stand over to 30.9.2013. ( A.P. BHANGALE, J. )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FIRST APPEAL NO. 502 OF 2013 WITH CIVIL APPLICATION NO. 4634 OF 2008 IN FIRST APPEAL NO. 502 OF 2013 THE NATIONAL INSURANCE CO. LTD. .. APPELLANT VERSUS SANJAY GANPATI LOHAR & ANR... RESPONDENTS Ms. Poonam Mital, Advocate for the appellant CORAM:-A. P. BHANGALE, J. DATED : 30/9/2013 P.C. Heard. 2 According to learned advocate for the appellant, main insurance policy is not operative as cheque issued towards payment of premium was dishonoured and insurance policy could not come in operation. The insurer would not be liable to pay compensation to the claimant. However, it is FA502.13 submitted that the amount of award is already deposited with the tribunal. That being so, considering the impugned judgment and award, the tribunal can execute the award provided that, if amount is allowed to be withdrawn by the claimants along with interest as ordered, the security to the satisfaction of the tribunal be insisted upon until insurer (appellant) can move the tribunal with the application to disown the liability to pay compensation, on the ground that policy was not subsisting on the date of the award or at the time of the accident. 3 Liberty, accordingly for the appellant to move the tribunal. However, in my opinion, when third party is a victim of motor vehicle accident, the contention that insurance policy was cancelled prior to the date of accident as a result of dishonour of cheque issued towards premium, would not be an excuse for not to pay the award amount. Of course considering the fact that insurance policy is a contract between the insurer 2/4 2 and the insured (policy holder) and third party is not concerned with the fact of payment of premium but concerned with compensation awarded, the victim of the accident (third party) is entitled to receive the amount awarded as compensation and insurer is surely liable to pay. The insurer is entitled to move the tribunal as against the owner of the offending vehicle to recover the amount, if according to it the amount was wrongly paid as compensation to the third party. 4 Ruling in National Insurance Co. Ltd. v. Reshmi & Ors., 2012 ACJ 920 and National Insurance Co. Ltd. v. Seema Malhotra & Ors., (2001) 3 SCC 151 and New India Assurance Co. Ltd. v. Rekha Devi & Ors., 2013 ACJ 1686 are brought to my notice. In view of the observations made, in my opinion, since the amount of award is already deposited with the tribunal, the victim of the accident, which is third party, is entitled to receive the same while the insurer can recover the amount, if compensation was paid wrongly to the 3 claimants and was recoverable from the owner of the offending motor vehicle. According to ruling, the insurer or owner of the motor vehicle is liable either jointly or severally to pay compensation to the third party i.e. the claimants (dependents of the victim of the accident). The order accordingly must be passed with liberty to the insurer to move the Tribunal in case it wants to recover compensation paid from owner of the offending Motor vehicle in the same proceedings of the execution of award and need not adopt any independent suit or proceedings to recover the run paid from owner of the offending Motor vehicle. 4 5 The appeal is disposed of accordingly. (A.P. BHANGALE, J.) md.saleem

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.788/05 Ajit... Khanderao Deshpande Appellant. Versus Smt. Nalini Khanderao Deshpande Mr.A.L. Kumar for appellant. CORAM: S.B.MHASE & S.R.SATHE,JJ. DATE : 4/7/05. PC: 1.Notice before admission. Notice Returnable in six weeks. (S.R.SATHE) (S.B.MHASE) &... Ors Respdts.

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL No.788 OF 2005 Office notes, : office memoranda : of coram, : appearances, : Court's orders : Court's or Judge's directions & : order Registrar's : orders : Ms. Deepti Mistry , Advocate for the appellant. CORAM: J. N. PATEL, AND A. A. SAYED, JJ. DATE : JULY 30, 2007. P.C.: The learned counsel appearing for the appellant submits that this being a family dispute, it has been settled out of Court, and therefore the appellant be permitted to withdraw the appeal. The statement is accepted. The appellant is permitted to withdraw the appeal. The appeal is dismissed as withdrawn. 2.The appellant is entitled for refund of Court Fees, as per Bombay Court Fees Act & Rules. Sd/- [ A. A. SAYED, J.] [ J. N. PATEL, J.]

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2432 OF 2012 WITH CIVIL APPLICATION NO. 2435 OF 2012 IN FIRST APPEAL (ST) NO. 14663 OF 2012 New India Assurance Co Ltd .. Applicant Vs Dinesh Bhikuram Jaiswal & Anr. .. Respondents Mr. Ramesh K. Cheulkar for the Applicant CORAM : SMT. V.K. TAHILRAMANI, J DATE : 25th JULY, 2012. P.C.: Issue notice to the Respondents returnable on 29th August, 2012. There will be ad-interim stay of execution and operation of the impugned judgment and award subject to condition of the Applicant depositing the entire compensation amount with the Tribunal within a period of five weeks from today. If the amount is not deposited within the stipulated time, ad-interim stay will stand vacated without further reference to the Court. [ SMT. V.K. TAHILRAMANI, J ] jfoanz vkacsjdj

Order - Status 11: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE SIDE JURISDICTION. CIVIL APPLICATION NO.2432/2012 IN FIRST APPEAL (ST) NO.14663/2012 Office Notes, Office Memoranda of Coram, Court's or Judge's orders Appearances, court's orders or directions and Registrar's orders Mr. R. K. Cheulkar for the applicant. Mr. T. J. Mendon for respondent No.1. CORAM: S. S. SHINDE, J. DATED : SEPTEMBER 27, 2013 P.C.: The learned counsel for the applicant submits that the application for restoration of appeal against respondent No.2 is ready and he will file the same in the Registry on or before 03/10/2013. S.O. to 04/10/2013. JUDGE

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE – CIVIL CIVIL APPLICATION NO.2432 OF 2012 IN FIRST APPEAL [STAMP] NO.14663 OF 2012 New India Assurance Co. Ltd. .... Applicant Vs. Dinesh Bhikuram Jaiswal & Anr. .... Respondents Mr. Ramesh K. Cheulkar for the Applicant. Mr. T.J. Mendon for Respondent No.1. CORAM: K.K. TATED, J. DATED: APRIL 16, 2014 P.C: Heard the learned counsel for the parties. The learned counsel for the applicant seeks time to take out appropriate application for substituted service on respondent No.2. Same is granted. The applicant to take out appropriate application for substituted service on respondent No.2 on or before 20-6-2014, failing which the civil application shall stand S.O. to 20-6-2014. (K.K. TATED, J.)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 194 OF 2008 Vinay Prahaladrai Poddar ... Appellant versus Mrs. Rachana Vinay Poddar ...Respondent Mr. V.S. Kapse for the appellant. CORAM : P.B. MAJMUDAR & SMT. R.P. SONDURBALDOTA, JJ. DATE: OCTOBER 21, 2008 . P.C. Learned counsel for the appellant seeks some time for depositing cost imposed by this Court as per the order dated 23 rd September, 2008. The amount of cost to be deposited before the Maharashtra State Legal Services Authority be deposited on or before 24 th October, 2008. Adjourned to 12 th November, 2008. P. B. MAJMUDAR, J. SMT. R.P. SONDURBALDOTA, J.

Order - Status 15: pmw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.194 OF 2008 Mr. Vinay Prahaladrai Poddar … Appellant V/s. Mrs. Rachana Vinay Poddar … Respondent Mr. V.S. Kapse, for the Appellant. Mr. Harish R. Pawar, for Respondent. CORAM : A.S. OKA & A.A. SAYED, JJ. DATE : 15th APRIL, 2014 P.C. . The Consent Terms duly signed by the Appellant and the Respondent and their respective Advocates are taken on record and marked 'X' for identification. The Appellant and Respondent are personally present. Through their respective counsel they state that they have carefully read the terms and conditions incorporated in the Consent Terms and they accept the correctness thereof. The Appellant has handed over to the Respondent, a Banker's cheque in the sum of Rs.8 lakhs in terms of clause 3 of the Consent Terms. By accepting the undertakings in the Consent Terms, we dispose of the Appeal in terms of Consent Terms. Hence, we pass the following order : ORDER (i) The undertakings in the Consent Terms marked "X" for identification are accepted; (ii) The impugned Judgment and Decree dated 17th December, 2007 in Petition No.A811 of 2006 is hereby quashed and set aside and the said Petition No.A818 of 2007 is restored; (iii) By consent, the said Petition is converted into a Petition under Section 13B of Hindu Marriage Act, 1955. Amendment shall relate back to the date of the institution of the said Petition; (iv) The parties have agreed that reconciliation is not possible and in view of the differences between them, the dissolution for the marriage is the only solution; (v) Accordingly in Petition No.A818 of 2007, there shall be decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The marriage solemnised between the Appellant and Respondent dated 13th February, 2001 is hereby dissolved by the decree of divorce; (vi) The Appeal is disposed of on above terms and in terms of the Consent Terms. There will be no order as to costs. (A.A. SAYED, J ) (A.S.OKA, J )

Order - Status 6: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 136 OF 2008 ------------------------------------------------------ Office Notes, Office Court's or Judge's Memoranda of Coram, orders appearance, Court's orders or directions and Registrar's orders ------------------------------------------------------ Mr. D.R. Tiwari for appellant-wife. Mr. S.C. Thatte for respondent-husband. CORAM: B.H. MARLAPALLE, & D.B. BHOSALE,JJ. 18/07/2008. P.C.: . Heard Mr. Tiwari the learned counsel for the appellant-wife. . Admit. . Mr. Thatte waives service for the respondent-husband. . Appeal to be heard with FCA No. 66 of 2008. (D.B. Bhosale,J.) (B.H.Marlapalle,J.)

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER (St) NO.13209 of 2019 Anand Baban Khedkar Appellant vs Yashwant Tatyaba Daundkar Respondent Mr.Amijith Anandhan I.b.Mr,.Sachin Pawar for Appellant. CORAM : M.S.KARNIK, J DATE : 22nd JULY, 2019 P.C Heard learned counsel for the Appellant. Issue notice to the Respondent returnable on 19.8.2019. In addition to Court's notice, learned counsel for the Appellant to serve the Respondent by private notice. [M.S.KARNIK,J]

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER STAMP NO. 13209 OF 2019 Ananda Baban Khedkar ....Appellant V/S Yashwant Tatyaba Daundkar ....Respondent CORAM : S.C. GUPTE, J DATE : 17th September, 2019 P.C. : Due to paucity of time the matter is adjourned to 22/11/2019 . 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 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER STAMP NO. 13209 OF 2019 Ananda Baban Khedkar ....Appellant V/S Yashwant Tatyaba Daundkar ....Respondent Adv.Sachin R,Pawar for Appellant CORAM : S.C. GUPTE, J DATE : 14th October, 2019 P.C. : At the request of learned advocate for the petitioners / respondent / applicant , Stand over to 11/11/2019 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER STAMP NO. 13209 OF 2019 Ananda Baban Khedkar ....Appellant V/S Yashwant Tatyaba Daundkar ....Respondent Mr.Apmjit M.A. a/w Mr.L.R.Kewat for Appellant. Vilas Babanrao Tapkir Vp For Sole Res. For CORAM : A.S. GADKARI, J DATE : 5th February, 2020 P.C. : Stand over to 06/02/2020 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: Tandle IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 13209 OF 2019 Ananda Baban Khedkar ... Appellant Versus Yashwant Tatyaba Daundkar ... Respondent. Mr. Sachin R. Pawar for the Appellant. Mr. V. B. Tapkir for the Respondent. - - - - - - - CORAM : A. S. GADKARI, J. DATE : 6th FEBRUARY, 2020 P. C. : After hearing the learned counsel for the appellant at length when this Court expressed its disinclination to grant any relief, the learned counsel, on instructions, seeks leave to withdraw the present Appeal unconditionally. Leave and liberty granted. Appeal is dismissed as withdrawn. It is made clear that, the Trial Court will not get influenced by the dismissal of the present Appeal and shall decide the suit filed by the appellant on its own merits. (A. S. GADKARI, J.)

Order - Status 8: CIVIL APPLICATION NO. 1141 OF 2016 ALONG WITH CIVIL APPLICATION NO. 1142 OF 2016 IN FIRST APPEAL (ST.) NO. 16356 OF 2015 The New India Assurance Co. Ltd. .. Applicant Vs. 1. Shri Sandeep Ramchandra Chandole & Anr. .. Respondents Mr.Devendranath S. Joshi, Advocate for applicant. CORAM : N.J. JAMADAR, J. DATE : 13TH MARCH 2019 P.C. CIVIL APPLICATION NO. 1141 OF 2016 1 Heard the learned counsel for the applicant. Issue notice to the respondents, returnable on 4th June 2019. Hamdast granted. Private service is permitted. CIVIL APPLICATION NO. 1142 OF 2016 1 The learned counsel for the applicantinsurer makes a statement that that the applicantinsurer will deposit the entire amount of compensation along with interest and costs as awarded by the learned Commissioner for Workmen's Compensation, Mumbai by the impugned order dated 6th February 2015 in Application (ECA) No. 4/C3/2009. 2 The statement made by the learned counsel for the applicantinsurer is accepted. The applicantinsurer shall deposit the entire amount of compensation along with interest till date and costs as awarded by the learned Commissioner for Workmen's Compensation, Mumbai within a period of four weeks from today, before the learned Commissioner. 3 In the meanwhile, there shall be adinterim stay to the execution and operation of the impugned order. It is, however, made clear that in the event, the applicantinsurer fails to deposit the aforesaid amount as directed above, the adinterim stay shall stand vacated automatically. [N. J. JAMADAR, J.]

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPELLANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT WITH INTERIM APPLICATION NO. 7046 OF 2024 In First Appeal STAMP NO. 16356 OF 2015 Sandeep Ramchandra Chandole ....PETITIONER V/S The New India Assurance Co. Ltd. Through Mumbai Region Office-no.2 ....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 1142 OF 2016 In First Appeal STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPLICANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 1141 OF 2016 In First Appeal STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPLICANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT None for the appellant VISHWAMBHAR MAHADEV PARKAR for Respondent CORAM : HON'BLE SHRI JUSTICE KISHORE C. SANT J DATE : 27th March, 2024 P.C. : At the request of learned counsel for the Respondent , stand over to 24/04/2024 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPELLANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 1142 OF 2016 In First Appeal STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPLICANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 1141 OF 2016 In First Appeal STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPLICANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT WITH INTERIM APPLICATION NO. 7046 OF 2024 In First Appeal STAMP NO. 16356 OF 2015 Sandeep Ramchandra Chandole ....PETITIONER V/S The New India Assurance Co. Ltd. Through Mumbai Region Office-no.2 ....RESPONDENT Adv. V. M. Parkar for Appellant. CORAM : HON'BLE SHRI JUSTICE KISHORE C. SANT J DATE : 2nd May, 2024 P.C. : S. O. to 09/05/2024 . ( FOR REGISTRAR JUDICIAL - I )