The Divisional Manager, Bajaj Allianz General Insurance Company Limited v. Smt. Bhimabai Sudhakar Alias Sudam Dubale And ORS.

ppn 1 908.fa-1209.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1209 OF 2016 The Divisional Manager, Bajaj Allianz General Insurance Company Limited ..

Appellant Vs.

Smt. Bhimabai Sudhakar @ Sudam Dubale & Ors. .. Respondents ALONG WITH CIVIL APPLICATION NO.3121 OF 2019 Smt. Bhimabai Sudhakar @ Sudam Dubale & Ors. .. Applicants In the matter between :- The Divisional Manager, Bajaj Allianz General Insurance Company Limited ..

Appellant Vs.

Smt. Bhimabai Sudhakar @ Sudam Dubale & Ors. .. Respondents --- Ms.Adoto Athawale i/by Ms.Yogita M. Deshmukh for the appellant/ applicant.

Mr.Pritesh K. Bohade for the respondent nos. 1 to 8. CORAM : R.D.DHANUKA, J.

DATE : 7th November 2019 P.C.:

.

Learned counsel for the appellant, on instructions, seeks liberty to withdraw this first appeal unconditionally. 2.

First appeal is dismissed as withdrawn. No order as to costs. Refund of Court fees as per rules. Office is directed to transmit the papers and proceedings filed by the appellant to MACT, Nashik in MACP No.201 of 2009 expeditiously.

ppn 2 908.fa-1209.16.doc 3.

Since the appellant has withdrawn the appeal unconditionally, the respondents would be at liberty to apply for execution of the impugned judgment and award and to withdraw the amount deposited by the appellant.

4.

If the respondents are aggrieved by the impugned judgment and award, the respondents would be at liberty to file separate appeal against the judgment and award passed by the MACT, Nashik. If any such first appeal is filed, the same would be considered on its own merit.

R.D.DHANUKA, J.