The New India Assurance Co. Ltd. v. Smt. Kushrana Balkishan Maniyar And Others

(502)fa-300-17withcast-1043-15.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.300/2017 WITH CIVIL APPLICATION (STAMP)NO.1043/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs.Poonam Mittal Advocate for appellant.

CORAM

: K.K.TATED, J.

DATED : JUNE 4, 2019 P.C.

At the request of learned Advocate for applicant, the matter is shown on production board because of urgency.

2.

Heard learned counsel Mrs.Poonam Mittal for appellant.

3.

Learned counsel for appellant submits that in view of subsequent developments, she received instructions to withdraw the appeal as well as civil application. To that effect, she has given writing. Same is accepted, taken on record and marked 'X' for identification.

4.

Learned counsel for appellant submits that at the time of filing of first appeal, they deposited an amount of Rs.25,000/- in the Registry of this Court. In view of withdrawal Chitra Sonawane 1

(502)fa-300-17withcast-1043-15.doc of first appeal the appellant may be permitted to withdraw an amount of Rs.25,000/- with interest if any, without furnishing any security.

5.

Hence, the following order.

a) First appeal as well as civil application stands dismissed as withdrawn.

b) Refund of Court fees according to law.

c) Appellant is permitted to withdraw a sum of Rs.25,000/- deposited by them at the time of filing of appeal, alongwith accrued interest, if any, without furnishing any security.

(K.K.TATED, J.) Chitra Sonawane 2