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Judgment
MA No. 416 of 2016 (Application for Restoration)
By this Application, National Insurance Company Ltd. and its officers, the Appellants in Appeal No. 27 of 2011, pray for recall of the order dated 02.08.2016, whereby their Appeal was dismissed in default as also for non-prosecution, as the Applicants had remained unrepresented and had also failed to file certain documents, as directed vide order dated 12.04.2016.
In the written objections filed on behalf of the Respondent to the Application, the prayer for recall of the said order is vehemently resisted on the ground that the grounds urged in the Application do not make out a sufficient cause for non-appearance of the Counsel engaged by the Applicants and also for non-complying with the afore-noted earlier order.
Having heard learned Counsel for the parties at some length and perused the reasons given in the Application and bearing in mind the fact that the Counsel is stated to have suffered a serious cardiac problem and had undergone some surgical procedure in the month of April, 2016, we are satisfied with the explanation furnished for non-appearance of the Counsel.
Accordingly, the Application is allowed; the order dated 02.08.2016 is recalled; and the Appeal is restored to its original position. Appeal
Let the Appeal be listed for final hearing on 06.02.2017.
Costs of 7,500/- imposed earlier have since been paid by means of a demand draft favouring the Insured.
One final opportunity is granted to the Appellants to file the requisite documents as directed vide order dated 12.04.2016, with advance copy to Counsel for the Respondent, within four weeks, failing which the Appeal may be dismissed in default.