The Oriental Insurance Co. Ltd. v. Shyamraj Gajananrao Supekar And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.69 OF 2011 The Oriental Insurance Co. Ltd.
...Appellant
Versus
Syamraj Gajananrao Supekar 7 Anr.
...Respondents
WITH FIRST APPEAL NO.1025 OF 2012 Syamraj Gajananrao Supekar 7 Anr.
...Appellant
Versus
The Oriental Insurance Co. Ltd.
...Respondents
_________________________________ Mrs. S. S. Dwivedi for Appellant FA/69/2011 & Respondent No.2 in FA/1025/2012 Mr. Suresh M. Payak for Appellant in FA/1025/2012 and Respondent No.2 in FA/69/2011 Ms. Dyanada. Avhad, Assistant Manager Oriented Insurance Co. Ltd.
__________________________________ CORAM :
RAJESH S. PATIL, J.
(HEAD OF THE PANEL) V.V. KATHARE REGISTRAR (VIGILANCE-II) MEMBER D.V. KUTE, DEPUTY REGISTRAR (PERSONNEL) MEMBER DATED :
9 DECEMBER 2023 P.C.:
1.
Mentioned.
2.
Not on board. Taken on board.
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3.
Learned counsel for the Appellant in First Appeal No.69 of 2011 seeks leave to withdraw the present Appeal as parties were entered into the settlement. Mr. S. M. Payak appearing for Appellant in First Appeal No.1025 of 2012 submits that his client agree to settle the matter and they are tendering the consent terms.
4.
Leave as prayed for is granted. The Appeal is therefore dismissed as withdrawn .
5.
Court fees to be refunded as per rules.
6.
The mandatory deposit, shall also be refunded in accordance with the relevant Rules as also as per provisions of law. 7.
Learned counsel for Appellant-Insurance Company in First Appeal No.69 of 2011 seeks leave to withdraw the present Appeal. As parties have entered into consent terms, Mr. S. M. Payak appearing for Appellant in First Appeal No. 1025 of 2012 submits that his client agree to settle the matter as per the tendered consent terms.
8.
Appellants as well as Respondent No.2 have entered into the consent terms dated 9 December 2023. The consent terms signed by these parties is taken on record and is marked "X" for identification. 2/8
Mrs. S. S. Dwivedi and Mr.Suresh M. Payak, the learned counsel state that the parties have signed in their presence and they identify their signatures. Both the learned counsel state that they have explained to the signatories and the signatories have signed the consent terms after understanding the contents. For ease of references, the Consent Terms are scanned and reproduced herein below :- 3/8
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9.
Both the learned counsel state that all the signatories are also present in Court and identify their respective clients. 10.
Refund of Court Fees as per rules to Appellant-Insurance Company in First Appeal No.69 of 2011. Statutory deposit with accrued interest is also allowed to be withdrawn by the Insurance Company. Refund of Court Fees as per rules in First Appeal No.1025 of 2012 to the Original Claimant-Appellant.
10.
Appeal stands disposed in terms of the consent terms dated 9 December 2023. All statements are accepted as an undertaking to this Court. All undertakings are also accepted.
11.
All parties to act on the authenticated copy of this order. 12.
Civil application/interim application, if any, are also disposed off.
(D.V. KUTE) (V.V. KATHARE ) (RAJESH S. PATIL, J.) Member Member Head of the Panel 8/8