15 IA 13426 OF 2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13426 OF 2025 (For Restoration) IN INTERIM APPLICATION NO. 9238 OF 2024 (RESTORATION) IN FIRST APPEAL NO.318 OF 2021 Reliance General Insurance Company Limited …Applicant Versus Lata Mohan Gorad and Ors. …Respondents Mr. Pandit Kasar, advocate for the Applicant. None for the Respondents. CORAM: MANJUSHA DESHPANDE, J. DATED: 27th NOVEMBER 2025. PC:- 1. Interim Application No. 9238 of 2024 filed by the Applicant for setting aside the order dated 13.02.2025, passed by the Registrar Judicial–II by condoning delay of 58 days. It is submitted that the Appellant has filed First Appeal No. 318 of 2021. The Registrar Judicial–II has already deposited, the entire amount before the M.A.C.T., Thane. The notice issued to the Respondent No.9, has returned, unserved. Therefore, a conditional order came to be passed by the Registry on 06.02.2023. Notice was reissued to Respondent No.9 and made it returnable after six weeks. It was also directed that the Appellant shall take steps against unserved 27th November 2025 Rajeshri Aher RAJESHRI PRAKASH AHER Digitally signed by RAJESHRI PRAKASH AHER Date: 2025.12.18 18:23:17 +0530 15 IA 13426 OF 2025.DOC Respondent Nos. 1, 7 and 8. Since he has failed to take steps, the matter was dismissed for default, as a result of dismissal of his First Appeal by the order of Registrar Judicial–II, he was constrained to file Interim Application No. 9238 of 2024 for restoration of First Appeal by condoning delay. Unfortunately, even the Interim Application No.9238 of 2024 came to be dismissed by the order of Registry dated 13.02.2025, since the notice issued to respondent No.9 was unserved and the Appellant could not take timely steps for service of notice on Respondent No.9, therefore, the Appellant was once again constrained to file Interim Application No. 13426 of 2025, for restoration of Interim Application No. 9238 of 2024. 2. It is submitted by the learned advocate for the Appellant that since he was not having the exact address of the Respondent No.9, he could not take steps to serve the unserved Respondent No.9. However, he makes a statement that he proposes to serve the Respondent No.9 by alternate mode i.e. by way of Paper Publication. 3. In order to serve the Respondent No.9, it is necessary to set aside the order of dismissal and restore the Interim Application No.9238 of 2024, as well as the First Appeal No. 318 of 2021. 4. In view of the difficulty expressed by the Applicant, I am satisfied that the delay occurred in not taking timely steps by the Applicant is not intentional, and it is necessary to restore the First Appeal No. 318 of 2021, so as to decide it on its own merits. 5. As a result I pass the following Order: 27th November 2025 Rajeshri Aher 15 IA 13426 OF 2025.DOC :: O R D E R :: (i) Interim Application No. 13426 of 2025 is allowed in terms of prayer Clauses (a) and (b); (ii)Similarly, Interim Application No. 9238 of 2024 is allowed in terms of prayer Clauses (a) and (b); (iii)As a result of allowing both the Applications, First Appeal No. 318 of 2021 stands restored; (iv)The Appellant shall take steps to serve the Respondent No.9 by way of alternate mode within a period of 10 weeks from the date of uploading of this order; (v)Both the Interim Application stand disposed of accordingly. (MANJUSHA DESHPANDE, J.) { 27th November 2025 Rajeshri Aher