← Library
Bombay High CourtIA/3536/2023disposed off

Icici Lombard General Insurance Co. Ltd. Through Its Authorized Representative Mr. Prathamesh Dinde v. Beatriz Abilio Nunes And ORS.

2023-04-17Hon'Ble Shri Justice Shivkumar Dige2 pages

Saeed 32-IA-3536-2023 IN FA-1633-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3536 OF 2023 IN FIRST APPEAL NO.1633 OF 2016 ICICI Lombard General Insurance Co. Ltd. ... Applicant V/s.

Beatriz Abilio Nunes And Ors.

... Respondents ***** Ms. Nitika Singh a/w Mr. Rajesh Kanojia i/by Res Juris for the Applicant.

None for Respondents.

*****

CORAM

: SHIVKUMAR DIGE, J.

DATED : 17th APRIL, 2023 P.C.:

1.

Heard learned counsel for the Applicant.

2.

Learned counsel for the Applicant submits that this Court (Coram : Justice K.K. Sonwane J.) by order dated 24th July, 2021 has directed the Applicant to file private paper-book within six months from the date of the order, but Applicant could not comply the said order within the stipulated time. Hence, the First Appeal is dismissed.

3.

Learned counsel for the Applicant further submits that this Court has permitted the Respondents/Claimants to withdraw

Saeed 32-IA-3536-2023 IN FA-1633-2016.doc entire award amount along with accrued interest thereon, if this Court restores the Appeal no prejudice would be caused to other side. Hence, requested to allow the Application. 4.

Considering the submission of learned counsel for the Applicant and the reasons mentioned in the application, the Application is allowed in terms of prayer Clauses (a), (b), (c) and (d).

(SHIVKUMAR DIGE, J.)