Bajaj Allianz General Insurance Company Limited v. Smt.Sarita Virendrakumar @ Birendrakumar Yadav And ORS

RNG 1/2 511.ca.2543.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.2583 OF 2018 in FIRST APPEAL (St) NO.3714 of 2018 Bajaj Allianz General Ins Co Ltd .... Applicant vs Sarita Virendra Kumar & Yadav ..

Respondents Ms.Aditi Athavale for Applicant Ms.Yogita Chitnis for Respondents.

CORAM : K.K.TATED, J DATE : 29th MARCH, 2019 P.C Not on board. At the request of learned counsel for the applicant matter is taken on board.

2.

Heard learned counsel for the parties.

3.

Ms.Athavale learned Advocate for the applicant submits that she has received instructions from her clients to withdraw the Appeal as well as pending Civil Application. To that effect, she has given a writing. The same is taken on record and marked 'X' for identification. The same is accepted.

4.

Learned counsel for the applicant submits that at the time of filing of the First Appeal, they had deposited a sum of Rs.25,000/- in the Registry. She submits that the appellant may be permitted to withdraw

RNG 2/2 511.ca.2543.18 the same alongwith accrued interest if any, without furnishing any security. She further submits that the Registry may be directed to refund the Court fees. Hence the following order :

O R D E R

(i) First Appeal as well as Civil Application stands disposed of, as withdrawn.

(ii) Liberty is granted to the appellant to withdraw a sum of Rs.25,000/-deposited by them in the Registry at the time of filing of the First Appeal without furnishing any secuirty. (iii) Refund of Court fees as per rules.

{K.K.TATED, J}