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Bombay High CourtCAF/1006/2016allowed

Bajaj Allianz General Insurance Co. Ltd. v. Mrs. Mirabai Sopan Devkar And Another

2018-12-04Hon'Ble Shri Justice A.S. Chandurkar2 pages

501.ca.1006.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1517 OF 2014 WITH CIVIL APPLICATION NO. 1006 OF 2016 IN FIRST APPEAL NO. 1517 OF 2014 Bajaj Allianz General Insurance Co. Ltd.

.. Appellant Vs.

Mrs. Mirabai Sopan Devkar & Anr.

.. Respondents Ms.Yogita Deshmukh-Chitnis, Advocate for appellant/applicant. CORAM : A.S. CHANDURKAR, J.

DATE : 4TH DECEMBER 2018 P.C.

Not on board. Taken upon production.

CIVIL APPLICATION NO. 1006 OF 2016 The learned counsel for the applicant submits that even though the time was granted to file the private paper book, the paper book was not filed within the said period and therefore the appeal came to be dismissed. The counsel further requests that the appeal may be restored and on such restoration, the learned counsel has instructions to withdraw the said appeal.

Considering the fact the appeal is sought to be withdrawn, the conditional order dated 8th January 2015 with regard to the direction to file Shraddha Talekar PS 1/2

501.ca.1006.2016.doc private paper book is recalled.

This civil application is allowed in terms of prayer clauses (a) and (b) and accordingly disposed of.

FIRST APPEAL NO. 1517 OF 2014 The learned counsel for the appellant, on instructions, seeks permission to withdraw the appeal.

The appeal is permitted to be withdrawn.

The amount of compensation as deposited with the Claims Tribunal shall be paid to the original claimants along with accrued interest. The amount of Rs.25,000/- be transferred to the Claims Tribunal. The Court fees be refunded to the appellant in accordance with the Rules.

(A.S. CHANDURKAR, J.) Shraddha Talekar PS 2/2