Shri Rohan Anilkumar Salve v. Divisional Manager,The New India Assurance Co. Ltd And ORS

JAYARAJAN ANJAKULATH NAIR Date: 2022.04.18 13:34:33 +0530 JAYARAJAN ANJAKULATH NAIR 1/3 03 FA-1143.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1143 OF 2018 ALONG WITH CIVIL APPLICATION NO.351 OF 2014 Rohan Anilkumar Salve ] ... Appellant Vs.

Divisional Manager, The New India Assurance Co. Ltd. & Ors.

] ] ] ... Respondents ALONG WITH FIRST APPEAL NO.1518 OF 2012 Vilasrao Anandrao Mane ] ... Appellant Vs.

Rohan Anilkumar Salve.

] ... Respondent ...

Mr. Pratik Patil with Mr. Amit Singh for the appellant in First Appeal No.1143 of 2018.

Ms. Karishma Jhaveri i/b Navdeep Vora & Associates for the appellant in First Appeal No.1518 of 2012 and for respondent Nos.2 and 3 in First Appeal No.1143 of 2018.

Mr. Devendranath Joshi i/b Ms. Jyoti Bajpayee for respondent No.1 in First Appeal No.1143 of 2018 and for respondent No.3 in First Appeal No.1518 of 2012.

2/3 03 FA-1143.18.odt ...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 13TH APRIL, 2022.

P.C. :- FIRST APPEAL NO.1143 OF 2018 1.

Mr. Patil, the learned counsel appearing for the appellant seeks withdrawal of the first appeal, in the wake of settlement being effected between the parties.

2.

The said statement is accepted. First Appeal No.1143 of 2018 stands disposed off as withdrawn.

3.

In view of the withdrawal of the first appeal, the civil application shall stand disposed off.

FIRST APPEAL NO.1518 OF 2012 4.

Mr. Patil, the learned counsel appearing for the appellant in First Appeal No.1143 of 2018 states that in the wake of settlement being effected between the parties, First Appeal No.1518 of 2012 may also be permitted to be withdrawn. In support of his submission, the learned counsel has placed on record a pursis filed by Vilasrao Anandrao Mane, the appellant in First Appeal No.1518 of 2012 through his General Power of Attorney holder, stating that

3/3 03 FA-1143.18.odt the opponents have paid substantial amount directly to the applicants against the awarded amount and the matter is now settled out of court and, therefore, he does not want to proceed with the matter particularly when the award of compensation is fully satisfied. The said pursis is taken on record and marked as 'X' for identification.

5.

Ms. Jhaveri, the learned counsel for the appellant in First Appeal No.1518 of 2012, however, states that she has no instructions to withdraw the present appeal.

6.

In the wake of the aforesaid pursis, First Appeal No.1518 of 2012 is also disposed off.

7.

Ms. Jhaveri, the learned counsel for the appellant is, however, given liberty to bring an application, if the statement is not found to be correct.

[SMT. BHARATI DANGRE, J.]