Reliance General Insurance Company Limited Through Its Manager Legal Mr. Priyank Shah v. Shri Arun Eaknath Mahamane And ORS.

20-fa1-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1 OF 2019 .Reliance General Insurance Co. Ltd.

..Appellant V/s.

Arun E. Mahamane & Ors.

...Respondents

Mr.Rahul Mehta i/b M/s.K.M.C. Legal Venture for the Appellant. None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 3RD FEBRUARY, 2020.

P.C. :- 1.

Mr.Mehta, learned counsel appearing for the appellant on instructions seeks liberty to withdraw this First Appeal unconditionally. The First Appeal is dismissed as withdrawn. 2.

Refund of Court fees, if any, as per Rules.

3.

The office is directed to transmit the statutory deposit of Rs.25,000/- to the M.A.C.T., Solapur expeditiously. 4.

In view of withdrawal of the First Appeal, the respondent nos.1 and 2 would be at liberty to execute the judgment and award impugned in the first appeal and to withdraw the amount deposited by the appellant before the M.A.C.T., Solapur excluding the amount already withdrawn, if any. If there is any short fall in recovering the decretal amount, the appellant shall deposit the balance amount 1/2

20-fa1-19.doc within two weeks from the date of computation of short fall by the M.A.C.T. If there is any surplus amount left after payment of the decretal amount, the Tribunal shall refund the said amount to the appellant on production of an authenticated copy of this Court. Appellant is directed to convey this order to the respondents. 5.

In view of withdrawal of the First Appeal pending civil applications, if any, do not survive and are accordingly disposed off. No order as to costs.

6.

Parties as well as the Tribunal to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2