Icici Lombard General Insurance Co.Ltd. v. Shantabai Shankar Gangurde

osk 908-ao-815-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 815 OF 2017 WITH CIVIL APPLICATION NO. 1080 OF 2017 ICICI Lombard General Insurance Co. Ltd.

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Appellant V/s.

Shantabai Shankar Gangurde & Ors.

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Respondents • Mr.Rajesh Kanojia a/w. Ms.Deepika Prabhala i/b. Res Juris for the Appellant.

• Mr.Rameshwar N. Gite for Respondent Nos.1 to 4. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 13th JUNE, 2018.

P.C. :

1] Learned counsel for the Appellant seeks leave to withdraw this Appeal from Order in view of the objection raised by learned counsel for Respondent Nos.1 to 4 about maintainability of the same with a permission or liberty to file appropriate proceeding in the appropriate High Court.

2] Hence, this Appeal from Order stands disposed of with liberty as sought.

3] At this stage, it is submitted by learned counsel for the Appellant that, as the Respondents have already applied for 1/2

osk 908-ao-815-2017.odt withdrawal of the amount deposited by the Appellant with the Tribunal and therefore, the Respondents should be restrained from withdrawing the said amount for a period of two weeks from today. 4] Learned counsel for Respondent Nos.1 to 4, on instructions, makes a statement at bar that Respondent Nos.1 to 4 will not withdraw the amount of compensation deposited in the Tribunal for a period of two weeks from today i.e. till 27th June, 2018. The statement is accepted.

5] In view of disposal of the Appeal from Order, nothing survives in the Civil Application and therefore, it stands disposed of. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2