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Bombay High CourtFA/1498/2005disposed off

United India Insurance Co.Ltd. v. Mihir Satish Wakde And ANR.

2020-02-17Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 501-FA1498.05

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1498 OF 2005 ALONGWITH CROSS OBJECTINO (ST) NO. 21805 OF 2005 IN FIRST APPEAL NO. 1498 OF 2005 United India Insurance Co. Ltd.

..... Appellant

VERSUS

Mihir Satish Wakde & Anr.

..... Respondents Ms.Varsha Chavan for the Appellant in FA/1498/2005. Mr.A.M.Gokhale for the Respondent no.1 and for Cross Objections 21805 of 2005.

CORAM :

R.D. DHANUKA, J.

DATE :

17th FEBRUARY, 2020 P.C.

The papers are allowed to be produced at 3.00 p.m. 2.

Learned counsel for the parties have tendered consent terms dated 17th February,2020 signed by the parties and their respective advocates. Consent terms are taken on record and marked 'X' for identification. The signatures of the parties are identified by their respective advocates. Learned counsel for the appellant states that the signatory on the consent terms on behalf of the appellant has been authorized to sign such consent terms. Statement is accepted. Undertakings recorded in the consent terms, if any, are accepted. 3.

First appeal as well as cross objections are disposed of in terms

kvm 2/2 501-FA1498.05 of the consent terms.

4.

Refund of court fees, if any , as per rules.

5.

Office is directed to transmit an amount of Rs.25,000/- deposited by the appellant under section 173 of the Motor Vehicles Act, 1988 to the concerned M.A.C.T. expeditiously. The parties have agreed that an amount of Rs.25,000/- together with interest accrued interest, if any, would be paid to the appellant. It is ordered accordingly. 6.

In view of the disposal of the first appeal and cross objections, pending civil application, if any, do not survive and are disposed of. No order as to costs.

7.

The parties, concerned M.A.C.T. and Registry of this court to act on the authenticated copy of the order along with consent terms. [R.D.DHANUKA, J.]