Manager, The Chola Ms General Insurance Company Limited v. Babita Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.788 of 2019 ====================================================== Manager, The Chola MS General Insurance Company Limited I.D. Complex, 3rd Floor, Plot No. 166, West Boring Canal Road, Opposite Medicana Medical, Patna. appeal and appellant through Assistant Manager, Authorized Signatory duly constituted attorney, The Chola MS General Insurance Company Limited, 3rd Floor, IG Complex, Boring Canal Road, Patna-1. ... ... Appellant/s

Versus

1.

Babita Devi Wife of Late Ajay Mehta @ Abhay Kumar Mehta Resident of Village- Mansapur, P.S.- Karjain, District- Supaul. 2.

Ajit Kumar Son of Late Ajay Mehta @ Abhay Kumar Mehta Minor and are under the guardianship of mother, Respondent No.1, Resident of VillageMansapur, P.S.- Karjain, District- Supaul. 3.

Shivam Kumar Son of Late Ajay Mehta @ Abhay Kumar Mehta Minor and are under the guardianship of mother, Respondent No.1, Resident of VillageMansapur, P.S.- Karjain, District- Supaul. 4.

Vikash Kumar Singh Son of Ram Nandan Singh Resident of MohallaGangjala, Ward No.20, Saharsa, P.S. and District- Saharsa. 5.

Sushil Singh Son of Mahavir Singh Resident of Village- Arraha, P.S.- Ghailadh, District- Madhepura.

6.

Anjana Bharti Daughter of Late Ajay Mehta @ Abhay Kumar Mehta Resident of Mansapur, P.S.- Karjain, District- Supaul. 7.

Kaushalya Devi Wife of Late Shiv Narayan Mehta Resident of Manspur, P.S.- Karjain, District- Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Durgesh Kumar Singh, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 25-03-2021 Shri Durgesh Kumar Singh, learned counsel for the appellant, under instructions, seeks permission to withdraw the present appeal on the ground that the parties have, out of the Court, settled their disputes.

Prayer is allowed and the amount deposited by the

Patna High Court MA No.788 of 2019(3) dt.25-03-2021 2/2 appellant in the instant appeal is directed to be released in its favour, clarifying that if the statement made is found to be incorrect, then it shall be open for the respondents to seek execution of the award passed in their favour and that the appellant shall not be entitled to assail the award, subject matter of the present appeal, for it to have attained finality. Present appeal stands disposed of as withdrawn. (Sanjay Karol, CJ) Ashwini/- U