The Oriental Fire And General Ins Co Ltd Thr Divisional Manager v. Mrs Pushpa Popatrao Ambade And ORS

1 913 - S.A. 134.2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 FIRST APPEAL NO.134 OF 2006 WITH CA/446/2006 IN FA/134/2006 THE ORIENTAL FIRE & GENERAL INS CO LTD THR DIVISIONALMANAGER

VERSUS

MRS PUSHPA POPATRAO AMBADE & ORS ...

Mr. V.N.Upadhye, Advocate for appellant.

Mr. R.K.Temkar, Advocate for R - 1 & 2.

Mr. M.K.Goyanka, Advocate for R - 3.

Mr. A.M.Gaikwad, Advocate for R - 5.

...

CORAM: V.L. ACHLIYA,J.

DATE : 04/12/2019 ...

ORAL ORDER:

1.

Learned counsel for appellant tendered withdrawal pursis. Withdrawal pursis is taken on record and marked as 'X' for identification.

2.

Learned counsel for appellant submits that the appellant/Insurance Company has instructed to withdraw Appeal. Pursuant to instructions he has filed withdrawal pursis. He seeks permission to withdraw Appeal.

3.

Learned counsel representing the respondents

2 913 - S.A. 134.2006 have no objection for withdrawal of Appeal.

Hence, the following order is passed.

ORDER

[i] The Appeal is disposed of as withdrawn with no order as to costs.

[ii] The amount, if any, deposited including statutory deposits and interest accrued thereon be transferred to Motor Accident Claims Tribunal, Ahmednagar to be credited as amount paid by appellant-Insurance Company towards satisfaction of Award passed in M.A.C.P. No.

39/1996 [Smt.Pushpa Popatrao Ambade V/s M.S.R.T.C. & Ors.] decided on 18/08/2005.

[iii] Record and proceedings be sent back to the trial Court.

4.

In view of disposal of Appeal, Civil Application filed in Appeal marked as disposed of in terms of order in Appeal.

[V.L.ACHLIYA] JUDGE KNP