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Bombay High CourtFA/1783/2019allowed to be withdrawn

Bajaj Allianz General Insurance Company Limited. v. Shri.Dattatraya@Dattaram Ganpat Kadam (Deceased) Thr. Lrs.Smt.Vanita Dattatraya Kadam. And ORS.

2021-11-25Hon'Ble Shri Justice N. J. Jamadar2 pages

7. Ia-3483-2021-in- Fa-1783-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3483 OF 2021 IN FIRST APPEAL NO. 1783 OF 2019 Bajaj Allianz General Insurance Company Limited.

...Applicant/ Appellant

Versus

Shri.Dattatraya@Dattaram Ganpat Kadam (Deceased) Thr. Lrs.

Smt.Vanita Dattatraya Kadam. And Ors.

...Respondents

Ms. Yogita M. Deshmukh, for the Applicant/Appellant. CORAM :

N. J. JAMADAR, J.

DATE :

25th NOVEMBER, 2021 P.C.:

1.

Heard the learned counsel for the applicant-appellant. 2.

This application is preferred to set aside the order dated 11th June, 2019, whereby the appeal came to be dismissed by a peremptory order for default in furnishing private paper book within one year thereof.

3.

The learned counsel for the applicant submits that the applicant intends to withdraw the appeal after restoration and on account of reasons ascribed in Para-4 of the application, the delay in taking out the application may be condoned.

4.

Since the appellant desires to withdraw the appeal after Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2021.11.26 18:21:07 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar ...1

7. Ia-3483-2021-in- Fa-1783-2019.doc restoration, the application stands allowed in terms of prayer clauses 'a' & 'b'.

5.

Upon restoration, the appeal stands disposed of as withdrawn in terms of prayer clause 'c'.

(N. J. JAMADAR, J.) Sajakali Jamadar ...2