M/S. Hule Construction Pvt. Ltd., Thr Its M.D. Vishwanath Dagdoba Hule v. National Insurance Co. Ltd., Thr Its Manager, And ORS

1 901-FA 3156-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.3156 OF 2021 WITH CA/13125/2019 IN FA/3156/2021 WITH CA/13124/2019 IN FA/3156/2021 M/s. Hule Construction Pvt. Ltd.

Through its Managing Director Shri Vishwanath Dagdoba Hule .. Appellant

Versus

National Insurance Co. Ltd.

Through its Manager and others .. Respondents Mr. J. N. Singh, Advocate for the Appellant.

Mr. S. R. Bodade, Advocate for the Respondent No. 1. Mr. M. M. Ambhore, Advocate for the Respondent No. 2. CORAM : ANIL L. PANSARE, J.

DATED : 05th JULY 2022.

PER COURT:- .

Learned advocate for the appellant on instructions submits that the appellant wants to withdraw the appeal.

2.

In view thereof, first appeal stands dismissed as withdrawn. 3.

In view of withdrawal of first appeal, civil applications do not survive and are disposed of accordingly.

4.

Learned advocate for the appellant submits that the entire

2 901-FA 3156-2021.odt amount as agreed between the parties has been paid to respondent Nos. 3 and 4 (original claimants). The amount has been paid before the Executing Court on 12.03.2022 in Darkhast No. 16/2019. The appellant seeks permission to allow him to withdraw the amount towards the statutory deposit (Rs. 25,000/-). 5.

The respondent Nos. 1 and 2 have no objection if amount is withdrawn by the appellant.

6.

The appellant is permitted to withdraw the amount. 7.

Court fees be refunded, if permitted under rules. ( ANIL L. PANSARE ) JUDGE P.S.B.