Icici Lombard General Insurance Company Limited v. Digambar Gopinath Satavalekar And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.93 OF 2023 ICICI Lombard General Insurance Co. Ltd.
...Appellant
Versus
Digambar Gopinath Satavalekar And Ors.
...Respondents
WITH INTERIM APPLICATION NO.15118 OF 2023 Digambar Gopinath Satavalekar And Ors.
...Appellants
Versus
ICICI Lombard General Insurance Co. Ltd.
Mumbai And Anr.
...Respondents
____________________________________ Ms. Varsha Chavan for the Appellant.
Mr. Nitin Deshpande for Respondent Nos. 1 to 4. Digambar Gopinath Satavalekar Respondent No.1 Present in Person.
Sukesha Digambar Satavalekar Respondent No.2 Present in Person. Mihir Digambar Satavalekar Respondent No.3 Present in Person. Mangala Gopinath Satavalekar through Power of Attorney Digambar Gopinath Satavalekar Present in Person. ____________________________________
CORAM
: RAJESH S. PATIL, J.
DATED : 25 OCTOBER, 2023 P.C.:
1.
The parties have entered into Consent Terms dated 30 by SUNNY ANKUSHRAO THOTE Date:
2023.10.26 10:31:15 +0530 SUNNY ANKUSHRAO THOTE October, 2022. The Consent Terms are taken on record and marked as 'X' for identification. For ease of reference the Consent Terms are scanned and reproduced herein below :-
2.
Learned Counsel for the Parties state that their clients have signed Consent Terms in their presence and they identify signatures of respective parties. Both the Counsels state that they have explained to the signatories and the signatories have signed the Consent Terms after understanding the contents. 3.
Counsel for the Respondents state that Respondent Nos.1 to 3 are also present in Court and he identifies his clients. 4.
Appeal stands disposed in terms of Consent Terms dated 30 October, 2022. All statements are accepted as undertaking to Court.
5.
The Respondents/Original Claimants are permitted to withdraw a sum of Rs.97,00,000/-, from the MACT Pune. Rest of amount along with accrued interest is allowed to be withdrawn by Appellant/Insurance Company from MACT Pune.
6.
The sum of Rs.25,000/- deposited by the Appellant/Insurance Company be transferred along with accrued interest to MACT Pune. After the amount is transferred to MACT Pune the same is allowed to be withdrawn by the Appellant/Insurance Company.
7.
Refund of Court fees as per rule, to Appellant/Insurance Company.
8.
All the concerned to act on authenticated copy of this Order.
9.
The certified copy of this Order and Consent Terms dated 30 October, 2022 are hereby expedited.
10.
Record and Proceedings received by this Court should be returned back to the concerned MACT.
11.
Parties will cooperate with each other for disposal of Darkhast proceedings.
(RAJESH S. PATIL, J.)