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Bombay High CourtFA/1150/2014disposed off

United India Insurance Company Ltd. v. Mr. Sudhakar Anant Tirodkar And ORS.

2017-02-13Hon'Ble Shri Justice M.S. Sonak2 pages

57.fa.1150.2014.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1150 OF 2014 WITH CIVIL APPLICATION NO.3240 OF 2014 IN FIRST APPEAL NO. 1150 OF 2014 United India Insurance Co. Ltd.

...Appellant vs Mr Sudhakar Anant Tirodkar & Ors.

...Respondents

.....

None for the appellant.

Ms Ankita Khare i/b A.M.Gokhale for Respondent No.1. .....

CORAM : M. S. SONAK, J.

13 FEBRUARY, 2017 P.C. :

Ms Ankita Khare, learned counsel appearing for Respondent No.1 submits that this appeal has already been settled in Lok-Adalat held on 13th December, 2014. She places on record memo dated 13th December, 2014 which reads thus;

"1 In this matter, Mr Rahul Mehta instructed by KMC Legal Venture for the appellants and Mr A.M.Gokhale for respondent Nos.1 to 4 / original claimants are present. They have filed the consent terms which are duly signed by the authorized person of the appellant and respondent Nos.1 to 4 in person and their advocates. In place of the original order passed in the matter a Pg 1 of 2

57.fa.1150.2014.doc decree in terms of the consent terms annexed to the Form 'E' is passed with no order as to costs. Counsel for appellant makes a statement that he is not pressing the appeal against respondent No.5 and therefore, the same stands dismissed with no order as to costs.

2.

The respondent No.1 to 4 are allowed to withdraw the amount of Rs.13,00,000/- from the office of the M.A.C.T. and the appellant is allowed to withdraw the sum of Rs.2,68,911/-. The Civil Applications filed earlier in this appeal stand disposed of."

The appeal is disposed of in the aforesaid terms. The Civil Application does not survive and the same is also disposed of. ( M. S. SONAK, J. ) Pg 2 of 2