New India Insurance Co. v. Jomibai Nathuram Porji And ANR

(17)-CAF-5280 & 5281-2008 in FA St -24381-2008.doc 17.02.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by MOHAMMAD NAJEEB MOHAMMAD QAYYUM Date:

2022.02.18 11:31:58 +0530 CIVIL APPELLATE JURISDICTION MOHAMMAD NAJEEB MOHAMMAD QAYYUM Civil Application (CAF) No. 5280 / 2008 Alongwith Civil Application (CAF) No. 5281 / 2008 in First Appeal Stamp No. 24381 / 2008 New India Insurance Co.

... Applicant

Versus

Jomibai Nathuram Porji and Anr.

... Respondents **** Ms. Poonam Mital, Advocate for Applicant.

Mr. D.R. Mahadik i/by T.J. Mondon, Advocate for Respondent No.1. **** CORAM : SANDEEP K. SHINDE, J.

DATE : 17 th FEBRUARY, 2022.

P.C.

1.

New India Assurance Company Ltd. - Appellant, seeks leave to withdraw the appeal. Leave granted. Appeal is disposed of as withdrawn.

2.

Office shall transfer the statutory deposit to the Motor Accident Najeeb 1/2

(17)-CAF-5280 & 5281-2008 in FA St -24381-2008.doc 17.02.2022 Claim Tribunal, Raigad in Motor Accident Claim Petition (MACP) No. 135/2005.

3.

The Appellant is entitled to claim refund of Court Fees as per Rules.

4.

Mrs. Mital, learned Counsel for the Appellant on instructions, submits that the Appellant shall deposit the decreetal amount with interest and cost within four weeks from today. Statement is accepted as an Undertaking to this Court.

5.

The appeal and all civil applications therein, are disposed of in the aforesaid terms.

(SANDEEP K. SHINDE, J.) Najeeb 2/2