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High Court of DelhiMAC.APP./335/2024

M/S Delhi Gujarat Fleet Carriers Private Limited v. Icici Lombard General Insurance Co. Ltd. & ORS.

2024-12-18Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~12 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 335/2024, CM APPL. 38258/2024, CM APPL. 38260/2024 M/S DELHI GUJARAT FLEET CARRIERS PRIVATE LIMITED .....Appellant Through:

Mr. Jaspreet Singh, Advocate.

Versus

ICICI LOMBARD GENERAL INSURANCE CO. LTD.

& ORS.

.....Respondents Through:

Ms. Suman Bagga, Advocate.

Mr. Amit Kumar Singh & Ms. K.

Enatoli Sema for Res. No. 3 + MAC.APP. 336/2024, CM APPL. 38271/2024, CM APPL. 38297/2024 DELHI GUJARAT FLEET CARRIERS PRIVATE LIMITED .....Appellant Through:

Mr. Jaspreet Singh, Advocate.

Versus

ICICI LOMBARD GENERAL INSURANCE CO. LTD.

& ORS.

.....Respondents Through:

Ms. Suman Bagga, Advocate.

Mr. Amit Kumar Singh & Ms. K.

Enatoli Sema for Res. No. 3

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 18.12.2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:50:50

1.

Learned counsel for the Appellant/owner submits that he was never served in the Petition under Section 166 of the Motor Vehicle Act. He has approached this Court in Appeal because there was an Execution filed against him.

However, after some submissions learned counsel seeks permission to withdraw the present two Appeals with liberty to file Application under Order IX Rule 13 CPC or to pursue any other appropriate remedy.

2.

Learned counsel for the respondents submits that the Appellant/owner-driver was duly served in the Petition under Section 166 of the M.V. Act.

3.

In view of the submissions made by learned counsel for the Appellant, the two Appeals are permitted to be withdrawn with liberty as prayed for. 4.

The two Appeals are accordingly disposed of.

NEENA BANSAL KRISHNA, J DECEMBER 18, 2024 va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:50:50