The New India Assurance Co.Ltd. v. Raju Gangaram Kadbane And ORS.

Tikam 1/2 50- FA 2070 of 2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 2070 OF 2006 The New India Assurance Co. Ltd., Pune ...Appellants Vs.

Raju Gangaram Kadbane and Ors.

...Respondents

WITH INTERIM APPLICATION No. 1166 OF 2022 Raju Gangaram Kadbane and Ors.

...Applicants vs.

The New India Assurance Co. Ltd., Pune

...Respondent

* * * * VAISHALI ANIL TIKAM by VAISHALI ANIL TIKAM Date:

2022.06.23 15:38:52 +0530 Ms. R. Kundu i/b. Ms. Poonam Mali for Appellant in First Appeal No. 2070/2006 Mr. Shailesh Chavan i/b. Milind Deshmukh for Applicant in IA/1166/2022 and for Respondent Nos. 1 to 3 in FA Ms. P.M. Bhansali i/b. G.S. Hegde for Respondent No.7 Coram : Sandeep K. Shinde, J.

Dated: 28 th APRIL, 2022.

P.C. :

1.

Learned counsel for the Appellants, on instructions, seeks leave to withdraw the appeal. Leave granted. Appeal is disposed of as withdrawn.

2.

Statutory Deposit under Section 173, first proviso, of Motor Vehicles Act, to be transferred to MACT, Pune in MACT No. 442/1994.

Tikam 2/2 50- FA 2070 of 2006 3.

Appellants may claim refund of Court fees as per rules. 4.

Respondent-Claimant shall withdraw the compensation amount deposited by the Appellants in the Trial Court, unconditionally and may institute proceedings to recover the balance amount of compensation.

5.

Appeal is disposed of including all applications therein in aforesaid terms.

(Sandeep K. Shinde, J.) Order is corrected as per the order dated 20th June, 2022 for speaking to the minutes.