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Bombay High CourtCAF/38/2017disposed off

The Divisional Manager, New India Assurnce Co. Ltd. v. Mr. Mukesh Babulal Bhatta And ORS.

2022-03-12Hon'Ble Shri Justice N. J. Jamadar,National Lok Adalat3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT FIRST APPEAL (ST.) NO. 31174 OF 2016 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2022.03.21 15:05:55 +0530 The Divisional Manager, New India Assurance Co. Ltd .

... Appellant Vs.

1. Mukesh Babulal Bhat &25 Ors.

... Respondents WITH CIVIL APPLICATION NO. 37 OF 2017 SHRADDHA KAMLESH TALEKAR WITH CIVIL APPLICATION NO. 38 OF 2017 IN FIRST APPEAL (ST.) NO. 31174 OF 2016 Ms.Jyoti Bajpayee for applicant/appellant.

Mr. Vikrram V. Pethe for respondent No.1.

Ms. Lata Iyer, Chief Manager of appellant present. CORAM : N.J. JAMADAR, J.

: V.R. KACHARE, REGISTRAR,(JUDL. I) & MEMBER & : D.M. MATA, DEPUTY REGISTRAR (LEGAL & RESEARCH) & MEMBER DATE : 12th MARCH 2022 P.C. :

1.

The learned counsel for respondent No.1, at the outset, submits that in the impugned award, the name of the claimant is incorrectly mentioned as 'Bhatta' instead of 'Bhat'. Copies of the Aadhar Card and PAN Card are annexed to the consent terms 1/3

which show the surname of the respondent No.1-claimant as 'Bhat'.

2.

The impugned judgment and award and consequently the appeal memo be amended with the correction as 'Bhat'. 3.

Amendment be carried out forthwith.

4.

The appellant and respondents have arrived at an amicable settlement of the dispute and entered into the consent terms. The consent terms are tendered before the Court.

5.

The Chief Manager of appellant and respondent Nos.1 are present before the Court. They admit the contents of the consent terms and execution thereof. The parties are identifed by their respective advocates.

6.

The consent terms are taken on record and marked "X" for identifcation.

7.

The appeal, thus, stands allowed in accordance with the consent terms.

8.

The impugned award stands modifed in accordance with the consent terms. Award be drawn accordingly.

9.

Court fees refund, if any, be made as per Rules. 10.

Statutory deposit be remitted back to the jurisdictional Tribunal.

2/3

11.

The Tribunal shall permit the parties to withdraw the amount in accordance with Clause 6 and 7 of the consent terms. 12.

All pending applications also stand disposed of. ( D.M. MATA ) DEPUTY REGISTRAR ( LEGAL & RESEARCH ) ( V.R. KACHARE ) ( N.J. JAMADAR, J. ) REGISTRAR (JUDL-I)) & MEMBER & MEMBER 3/3