All First Appeal

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 1831 OF 2017 In FIRST APPEAL STAMP NO. 13947 OF 2017 The New India Assurance Co.ltd.through Applicant Centralized Motor Tp Claims Hub V/S Mr. Ashok Dayabji Ramparia And Anr. Respondent CORAM : G.S. PATEL, J DATE : 11th July, 2017 P.C. : Due to paucity of time the matter is adjourned, Ad-interim relief if any to continue till then. Stand over to 19/07/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 1831 OF 2017 In FIRST APPEAL STAMP NO. 13947 OF 2017 The New India Assurance Co.ltd.through Applicant Centralized Motor Tp Claims Hub V/S Mr. Ashok Dayabji Ramparia And Anr. Respondent CORAM : G.S. PATEL, J DATE : 19th July, 2017 P.C. : Due to paucity of time the matter is adjourned, Ad-interim relief if any to continue till then. Stand over to 23/08/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 13947 OF 2017 WITH CIVIL APPLICATION NO. 1831 OF 2017 The New India Assurance Co Ltd …Appellant Versus Ashik Dayabji Ramparia & Ors …Respondents Mr Devendranath S Joshi *, for the Appellant/Applicant.* Mrs Varsha Chavan *, for the Respondents Nos. 1 to 4.* CORAM: G.S. PATEL, J DATED: 27th July 2017 PC:- 1. The facts are set out in the judgment delivered today in First Appeal No. 1 of 2015. Here the claimant was the rider of the motorcycle. His father, who was riding pillion, died in the same accident. 2. The same issue as regards the permit was taken in this case. I have rejected the submission. The present case is one of injury. The claimant was admitted to the Sanjivani Hospital on 2nd November 2006. He was operated for a fracture and he was an indoor patient till 17th November 2006. He submitted his medical bills. He had a grade II compound fracture of the humerus with rapid nerve palsy, abrasion and other injuries. He says he has difficulty in moving. He has had body implants. He is unable to carry on his effective work as a mason. His permanent partial disability was estimated at 48% based on the evidence of one Dr Naresh Khanna. The Tribunal awarded him Rs. 25,000/- towards future medical expenses and then proceeded to award an amount of Rs. 3,93,000/- as compensation including NFL. 3. In my view, there is really no reason to interfere with any part of the award. The MACT has correctly assessed every aspect of it including taking into account that the fracture was to the right hand and, therefore, taken a slightly higher amount towards the disability compensation. 4. I do not think it is possible to fault the conclusions of the Tribunal. The principles that have been established by the Supreme Court in Arvind Kumar Mishra vs New India Assurance Co Ltd ** 1 ** regarding the duty of the Court to provide reasonable restitution to the claimant have been followed in letter and in spirit. 5. The statutory deposit of Rs. 25,000/- is to be transferred to the MACT, Mumbai within two weeks from today. 6. The claimant is entitled to withdraw the entire amount with all accrued interest. The MACT will permit such withdrawal on production of an authenticated copy of this order. 1 (2010) 10 SCC 254. 7. The appeal is dismissed. There will be no order as to costs. 8. The civil application does not survive and is disposed of as infructuous. (G. S. PATEL, J)

Order - Status 6: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL ST NO. 16008 OF 2014 The Board of Trustees of the Port of Bombay …Appellant Versus Madanlal Shah & Co & Anr …Respondents Mr UJ Makhija *, i/b Mulla & Mulla & Craigie Blunt & Caroe, for the Appellant.* Ms Naseem Sumnani *, for Respondent No. 2.* CORAM: G.S. PATEL, J DATED: 12th July 2017 PC:- 1. Admit. 2. The First Appeal will have to be allowed immediately. The Suit was of 1990. The Plaintiffs sought, by filing an application Exhibit-5, for an adjournment to find documents. The case itself was old and was taken to the City Civil Court from the Bombay High Court where it was originally filed upon a change in the limits of the pecuniary jurisdiction of Courts. The order said that the case was old. Sufficient chances had been given. The suit was dismissed. 3. This was unnecessary. An order of costs would have sufficed. A final opportunity could have been given, making it clear that in default the matter would be dismissed. None of this was done. 4. It is not possible to sustain the impugned order of 18th January 2014. It is set aside. Suit No. 109955 of 1990 (High Court Suit No. 2307 of 1990) is restored to file. 5. Mr Makhija on behalf of the original Plaintiffs states that the Plaintiffs will by 31st August 2017 file all their evidence and documents. They will not seek any adjournment. 6. The First Appeal is disposed of in these terms. There will be no order as to costs. (G. S. PATEL, J)

Order - Status 5: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders. Registrar's orders. – Shri U.J. Makhija along with Roshan Pinto i/by Mulla & Mulla & Craigie Blunt and Caroe for the Applicant. CORAM : A.S. OKA & A.P.BHANGALE, JJ DATED : 20TH MARCH 2015 P.C.: . Rule, returnable on 6th May 2015. In addition to the service through Court, private service is permitted. (A.P.BHANGALE, J) (A.S.OKA, J)

Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the R.No.2 Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 06th May, 2015 Await Service for 6 weeks. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 06.05.15

Order - Status 9: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 17th June, 2015 Re­issue Notice to Respondent No.1, returnable after 6 weeks. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 17.06.15

Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Appellant Present. Advocate for the Respondent Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 29th July, 2015 Await Service for 4 weeks. 67 Registrar (Judl.­II) dsm ­ R(J­II) – 29.07.15

Order - Status 12: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Appellant Present. Advocate for the Respondent No.2 Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 26th August, 2015 S.O. to 4 weeks for taking steps as against unserved Respondent No.4. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 26 .08.15

Order - Status 14: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Petitioner Present. Advocate for the Respondent No.2 Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 23rd September, 2015 Both Ld. Counsel submits that there is error in office remark about Respondent No.4 instead of Respondent No.1. Order dated 26/08/2015 corrected. S.O. to 4 weeks. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 23.09.15

Order - Status 16: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Appellant Present. Advocate for the Respondent No.2 Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 21st October, 2015 S.O. to 4 weeks for taking steps as against unserved Respondent No.1. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 21.10.15

Order - Status 18: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Appellant Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 19th January, 2016 Advocate for the Appellant makes statement that he has already filed Affidavit alongwith copies of Newspapers regarding service of Respondent No.1. Office to verify and matter to proceed. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 19.01.16

Order - Status 22: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2513 OF 2014 IN FIRST APPEAL ST NO. 16008 OF 2014 The Board of Trustees of the Port of Bombay …Applicant Versus Madanlal Shah & Co & Anr …Respondents Mr UJ Makhija *, i/b Mulla & Mulla & Craigie Blunt & Caroe, for the Appellant.* Ms Naseem Sumnani *, for Respondent No. 2.* CORAM: G.S. PATEL, J DATED: 12th July 2017 PC:- 1. There is a delay of 103 days in filing the First Appeal. The delay is sufficiently explained in the Civil Application. It is condoned. 2. The Civil Application is made absolute and disposed of accordingly. No costs. (G. S. PATEL, J) Page 1 of 1 12th July 2017

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1264 OF 2018 IN FIRST APPEAL NO. 1546 OF 2010 M.C.G.M. ..Applicant v/s. Ganga Timappa & Ors. ..Respondents ALONGWITH CAF/1265/2018 IN FA/1547/2010 CAF/1266/2018 IN FA/1548/2010 CAF/1267/2018 IN FA/1549/2010 CAF/1268/2018 IN FA/1550/2010 CAF/1269/2018 IN FA/1551/2010 CAF/1270/2018 IN FA/1552/2010 CAF/1271/2018 IN FA/1553/2010 CAF/1272/2018 IN FA/1554/2010 CAF/1273/2018 IN FA/1555/2010 CAF/1274/2018 IN FA/1556/2010 CAF/1275/2018 IN FA/1557/2010 CAF/1276/2018 IN FA/1558/2010 CAF/1277/2018 IN FA/1559/2010 CAF/1278/2018 IN FA/1560/2010 CAF/1279/2018 IN FA/1561/2010 CAF/1292/2018 IN FA/1562/2010 Mr. N.V.Walawalkar, Sr. Adv. a/w. Madhuri More for the Applicant-BMC.. CORAM : SMT. ANUJA PRABHUDESSAI, J. DATED : 02 APRIL, 2018. P.C. Not on board. On production, taken on board. Interim relief granted by earlier Order dated 8th February, 2018 to continue till the next date of hearing. Stand over to 11th June, 2018. (ANUJA PRABHUDESSAI, J.)

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1264 OF 2018 IN FIRST APPEAL NO. 1546 OF 2010 The Municipal Corporation of Greater Bombay … Applicant V/s. Ganga Timmappa & Anr. … Respondents WITH CIVIL APPLICATION NO. 1265 OF 2018 IN FIRST APPEAL NO. 1547 OF 2010 WITH CIVIL APPLICATION NO. 1266 OF 2018 IN FIRST APPEAL NO. 1548 OF 2010 WITH CIVIL APPLICATION NO. 1267 OF 2018 IN FIRST APPEAL NO. 1549 OF 2010 WITH CIVIL APPLICATION NO. 1268 OF 2018 IN FIRST APPEAL NO. 1550 OF 2010 WITH CIVIL APPLICATION NO. 1269 OF 2018 IN FIRST APPEAL NO. 1551 OF 2010 WITH CIVIL APPLICATION NO. 1270 OF 2018 IN FIRST APPEAL NO. 1552 OF 2010 WITH CIVIL APPLICATION NO. 1271 OF 2018 IN FIRST APPEAL NO. 1553 OF 2010 WITH CIVIL APPLICATION NO. 1272 OF 2018 IN FIRST APPEAL NO. 1554 OF 2010 WITH CIVIL APPLICATION NO. 1273 OF 2018 IN FIRST APPEAL NO. 1555 OF 2010 WITH CIVIL APPLICATION NO. 1274 OF 2018 IN FIRST APPEAL NO. 1556 OF 2010 WITH CIVIL APPLICATION NO. 1275 OF 2018 IN FIRST APPEAL NO. 1557 OF 2010 WITH CIVIL APPLICATION NO. 1276 OF 2018 IN FIRST APPEAL NO. 1558 OF 2010 WITH CIVIL APPLICATION NO. 1277 OF 2018 IN FIRST APPEAL NO. 1559 OF 2010 WITH CIVIL APPLICATION NO. 1278 OF 2018 IN FIRST APPEAL NO. 1560 OF 2010 WITH CIVIL APPLICATION NO. 1279 OF 2018 IN FIRST APPEAL NO. 1561 OF 2010 WITH CIVIL APPLICATION NO. 1292 OF 2018 IN FIRST APPEAL NO. 1562 OF 2010 Mr.N.V. Walawalkar, Senior Advocate a/w. Ms.M.R. Bhoir for the Applicant. Ms.Megha S. Bajoria i/b. Mr.Kuldeep S. Patil for Respondent No.2. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J. DATE : 8th JUNE, 2018. P.C. : 1] All these 17 Civil Applications are filed for condonation of delay of 44 days in taking out the present application for restoration against Respondent No.1. 2] It is submitted that the notice of this application could not be served by regular mode on Respondent No.1, as the structure is demolished and Respondent No.1 has re-shifted his residence and therefore, the permission is sought to serve the notice by way of substituted service by publication thereof in one English as well as one Marathi newspaper namely "Free Press Journal" and "Navshakti" or such other papers as this Court deem fit. 3] Considering the ground made of non service of Respondent No.1 by regular mode, these Applications are allowed in terms of prayer Clause (b) for service of notice on Respondent No.1 by publication in the local newspapers having circulation in the area of Mumbai. 4] Accordingly, the order of ad-interim relief, which is granted by this Court on 2nd April, 2018 and which was continued till 3/4 11th June, 2018 is directed to be continued till 16th August, 2018, in view of the issuance of the notice to Respondent No.1. 5] It is clarified that the matter is adjourned for return of the notice to 7th August, 2018 and the order of ad-interim relief, granted earlier, is extended till 16th August, 2018. 6] Stand over to 7th August, 2018. [DR.SHALINI PHANSALKAR-JOSHI, J.]

Order - Status 7: ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4296 OF 2015 IN FIRST APPEAL ST.NO.1089 OF 2015 The National Insurance Co.Ltd. ...Applicant vs. Smt.Anuja Ramachal Patel & Ors. ...Respondents Ms Poonam Mittal for the Applicant CORAM :K.K.TATED,J. DATE : AUGUST 27, 2019 P.C.: 1 Heard the learned counsel for the applicant. By this application the applicant is seeking stay of operation and implementation Judgment and Award dated 2nd August 2014 passed by MACT,Mumbai in Claim Petition No.2370 of 2007 holding that the claimants are entitled to compensation of Rs.11,86,671/ with interest at the rate of 7.5% p.a. 2 The learned counsel for the applicant submits that they have challenged the impugned Judgment on quantum basis. She submits that the compensation awarded by the Tribunal is on higher side. She further submits that if the entire amount is recovered by the respondents by filing execution application, then nothing survives in the present application. She submits that the applicant is ready and willing to deposit the entire amount with interest within three weeks from today. Statement is accepted. She submits that pending the final disposal of the present First Appeal, this Court be pleased to stay the operation and implementation of the impugned Judgment. 3 It is to be noted that in the present proceedings accident occurred on 3rd July 2007. Claimant No.1 lost her husband and the claimant Nos.2 and 3 lost their father. At the time of accident the age of the deceased was 45 years. He was running the medical shop under the name and style of Ashish Medical and General Stores,Kandivali, Mumbai. He was earning nearby 1,10,943/ p.a from his business. Considering this aspect, the claimant No.1wife and claimant Nos.3 and 4 being minors, I am of the opinion that they can be permitted to withdraw the amount. 4 Hence I pass the following order : (a) The operation and implementation of the impugned Judgment and Award dated 2nd August 2014 passed by MACT,Mumbai in Claim Petition No.2370 of 2007 is stayed during the pendency of the First Appeal with condition that the Applicant to deposit entire compensation amount with interest in MACT, Mumbai on or before 21st September 2019 failing which Civil Application shall stand dismissed. (b) If the entire amount of compensation with interest is deposited within stipulated time, Applicant No.1Smt.Anuja Ramachal Patel and claimant No.2Master Gaurav Ramachal Patel are entitled to withdraw a sum of Rs.2 lakh each with accrued interest thereon without furnishing any security subject to final outcome of the First Appeal. (c)The Tribunal is directed to invest remaining amount in Fixed deposit in any nationalised bank initially for a period of one year and to continue till further order. (d)Liberty is granted to the respondents claimants, if they so desire, to apply for withdrawal of the amount, which shall be decided on its own merits. (e)Civil Application is disposed of with no order as to costs. (K.K.TATED,J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 448 OF 2016 Shri Dastageer Karim Chougule ....Appellant V/S Shri Rajaram Dinkar Khot And Anr ....Respondent None present. CORAM : VIRENDRASINGH GYANSINGH BISHT, J DATE : 30th January, 2020 P.C. : Stand over to 27/02/2020 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 448 OF 2016 Shri Dastageer Karim Chougule ....APPELLANT V/S Shri Rajaram Dinkar Khot And Anr ....RESPONDENT None for parties CORAM : HON'BLE JUSTICE SHARMILA U. DESHMUKH J DATE : 27th September, 2024 P.C. : S. O. to 25/10/2024 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.448 OF 2016. —————— —————— Dastageer Karim Chougule ...Appellant. Versus Rajaram Dinkar Khot and Anr. ...Respondents. None for the Appellant. Coram : Sharmila U. Deshmukh, J. Date : 25th October, 2024. P. C. : 1. None appears for the appellant. Even on the last ocassion, none had appeared for the appellant. 2. Appeal is dismissed for non-prosecution. In view of disposal of appeal, Interim/Civil Applications, if any, do not survive for consideration and stand disposed of. [Sharmila U. Deshmukh, J.]