Shriram General Insurance Company Limited Thr.Divisional Officer,Thr.Mr.Satpalsingh Rajput-Manager v. Shri.Bharat Ankush Nikam And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.119 OF 2022 Shriram General Insurance Co.Ltd., Through Divisional Officer, Thr. Mr. Satpalsingh Rajput- Manager ...Appellant

Versus

Bharat Ankush Nikam And Anr.

...Respondents

____________________________________ Mr. Nikhil Mehta h/f KMC Legal Venture for the Appellant/Applicant.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 25 OCTOBER, 2023 P.C.:

1.

Advocate for the Appellant on instructions of his clients states that parties have settled their dispute before the mediate, and accordingly an Order was passed before the Executing Court on 30 September, 2023.

2.

The said Order dated 30 September, 2023 reads as under :- by SUNNY ANKUSHRAO THOTE Date:

2023.10.27 11:13:26 +0530 SUNNY ANKUSHRAO THOTE "This MACP Darkhast is filed by the applicant/decree holder for recovery of compensation against the opponent/J.D. The decree holder and opponent has filed compromise pursis vide Exh.8 and permission to withdraw the present proceeding in view of compromise pursis at Exh.8. In view of compromise

pursis Exh.8 and authority letter Exh.7 the present darkhast is amicably settled between the parties. In view thereof, the said proceeding is allowed to be withdrawn and is disposed of accordingly."

3.

The Advocate for the Appellant has also tendered a copy of E-mail dated 11 October, 2023, written by his client the Appellant to him whereby their seeking to withdraw the present First Appeal and have also sought that the statutory amount of Rs.25,000/- deposited in this Court be returned to the claimant. E-mail dated 11 October, 2023 is taken on record and marked as 'X' for identification.

4.

The First Appeal is disposed of as withdrawn. 5.

The amount of Rs.25,000/- deposited at the time of filing of the First Appeal should be transferred to the account of Respondent No.1 i.e. Bharat Ankush Nikam, whose Bank Account details are as under :- Bank Name :

Punjab National Bank Branch Name :

Vedmandir Nashik IFSC Code :

PUNB0084920 Account Holder Name :

Bharat Nikam Account No.

:

0849200100008853

6.

The Registry to see that the amount of Rs.25,000/- along with accrued interest is transferred to the account of the Respondent No.1.

8.

All the parties to act on an authenticated copy of this order.

(RAJESH S. PATIL, J.)