Order 1

Order Details: Order on Exh.
Pdf Text: - 1 - CNR NO. MHMT010018552026
INITIAL ORDER BELOW EXH.1 IN MISC. APPLICATION
NO.491 OF 2026 IN MACP NO.1378 OF 2017
1. The applicant herein claims to be the claimant in MACP
No. 1378 of 2017 which was disposed of. It is contended that
the Insurers were directed to deposit compensation of
Rs.1,35,54,565/- at the rate of interest 7% per annum. Aggrieved
thereof the Insurance company preferred First Appeal (ST)
No.15893 of 2024 and challenged the quantum determined in
the Judgment dt. 03.11.2023 in MACP No.1378 of 2017.
2. On 10.02.2026 Mr. S. R. Agrawal, Registrar (Judicial-II)
of the Hon’ble High Court recorded failure of Advocate for the
Appellant as copies were not supplied, amounting non-
compliance of Chapter VII, Rule 2 (iii) of the Bombay High
Court Appellate Side Rules 1960 and further held as “On failure
the interim Applications would stand dismissed against
respondent Nos. 1 and 2 without further reference to the court
of Registrar”.
3. It is this background, the applicant and his Ld. Advocate
Shri B. M. More are contending that Advocate for the Appellant
has not supplied copies for issuing notices and stipulated period
for the same i.e. upto 24.02.2026, was over the said First
Appeal (ST) No.15893 of 2024 stands dismissed for non-
compliance. Therefore, it is contended to release the amount of
compensation.
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4. I carefully examined this contention. It is necessary to
note that amount prayed for disbursement is huge and as per
the Report dt. 25.08.2026, it is Rs.2,14,39,785/- plus
Rs.58,468/- with interest if any. Rule of prudence in such
situation warrants caution to verify the Appellant- Insurance
company has preferred any restoration petition before the
Hon’ble High Court against the Order dt. 10.02.2026, for
restoration of First Appeal (ST) No.15893 of 2024. Therefore,
issue notice to the Insurance company i.e. M/s The Oriental
Insurance Co. Ltd. returnable on dt. 17.09.2026. Once the
picture is clear, the application will be disposed of.
(M.G. Deshpande)
Member, C.R. 2
Date : 27.08.2026 MACT, Mumbai
ms*
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