Bajaj Allianz General Insurance Company Limited v. Smt. Shobha Sharad Bansode And ORS.

504 CA 1091-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1091 OF 2016 WITH CIVIL APPLICATION (ST.) NO. 7271 OF 2017 IN FIRST APPEAL (ST.) NO. 6242 OF 2015 Bajaj Allianz General Ins. Co. Ltd.

..... Applicant.

Vs.

Shobha Sharad Bansode & Ors.

..... Respondents.

WITH CIVIL APPLICATION NO. 3682 OF 2017 IN FIRST APPEAL (ST.) NO. 6242 OF 2015 Shobha Sharad Bansode & Ors.

..... Applicants.

Vs.

Bajaj Allianz General Ins. Co. Ltd ..... Respondent.

......

Milind M. Sathaye for the Applicant/Appellant. None for Respondents.

......

CORAM

: K.K.TATED, J.

DATED : SEPTEMBER 17, 2019 P.C.

Not on board. At the request of advocate for the Applicant, matter is taken on board for urgent orders.

2.

By this Civil Applications No. 1091/2016, the Applicant insurance company is seeking condonation of 143 days delay in filing First Appeal challenging the Judgment and award dated 1st April, 2014 passed by the Motor Accident Claims Tribunal, Pune in Motor Accident Claim Petition No. 320/2010 holding that the Laxmi Sontakke

504 CA 1091-16 Respondents/Original Claimants are entitled to sum of Rs. 8,46,000/- by way of compensation with interest @ 7% p.a.

3.

The Learned Counsel for the Applicant submits that, he has received instructions from his client to withdraw the present First Appeal as well as pending Civil Applications. To that effect he has given in writing. The same is taken on record and marked as '

X' for identification. The same is accepted. Hence, the following order:

a.

The First Appeal as well as pending Civil Applications stand disposed of as withdrawn.

b.

Refund Court fees as per rule.

c.

If any amount is deposited by the Applicant insurance company in the Registry of this Court, then the said amount to be transferred to the Motor Accident Claims Tribunal, Pune in the account of Motor Accident Claim Petition No.320 of 2010. d.

Liberty is granted to the Applicant to move an appropriate application before the Tribunal for withdrawal of the said amount. (K.K.TATED, J.) Laxmi Sontakke