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Bombay High CourtCA/12089/2018admittedallowedgrantedrule absolute

Bajaj Allianz General Insurance Co. Ltd., Thr Its Authorized Signatory Aurangabad v. Subhash Maroti Gote And ORS

2021-08-01Lok Adalat3 pages

-1IN THE LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE S. G. MEHARE, HELD ON 01.08.2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD ...

CIVIL APPLICATION NO. 12089 OF 2018 IN FIRST APPEAL (ST) NO. 29485 OF 2018 Bajaj Allianz General Insurance Co. Ltd., through it's Authorized Signatory, Aurangabad. .... Applicant

Versus

Subhash Maroti Gote & Ors.

....Respondents ....

Shri. S. G. Chapalgaonkar, Advocate for the applicant Shri. C. V. Bodkhe, Advocate h/f Shri. R. V. Gore, Advocate for respondent nos. 1 and 2 ....

AND FIRST APPEAL (ST) NO. 29485 OF 2018 CIVIL APPLICATION NO. 12090 OF 2018 IN FIRST APPEAL (ST) NO. 29485 OF 2018 ORDER : - CIVIL APPLICATION NO. 12089 OF 2018 :

1.

This is an application for condonation of delay in filing the present appeal.

2.

The other side has no objection for condonation of delay.

-23.

In view of the above, the application is allowed. Delay is condoned. Appeal be registered.

FIRST APPEAL (ST) NO. 29485 OF 2018 :

1.

Issue notice to the respondents. Shri. C. V. Bodkhe, learned Counsel waives service of notice for respondent nos. 1 and 2. 2.

Shri. Chapalgaonkar, the learned Counsel for the appellant-Insurance Company has filed Pursis for withdrawal of the appeal, which is taken on record and marked as "X" for identification. The learned Counsel for respondent nos. 1 and 2 made a statement that respondent No. 2 is dead but not deleted from the array of respondents in the appeal.

3.

The amount under the Award has already been deposited by the appellant with the learned Commissioner, Workmen's Compensation & Judge, Labour Court, Aurangabad and the said amount is lying with it. In view of this, the following order is passed.

ORDER

[i] The appeal is disposed of as withdrawn.

-3- [ii] The learned Commissioner, Workmen's Compensation & Judge, Labour Court, Aurangabad, is directed to disburse the amount to all the interested persons, according to the law.

[iii] The Court Fee Refund Certificate be issued as per the provisions under the Maharashtra Court Fees Act, 1959. [iv] Pending Civil Application, if any, stands disposed of. (S.P.Brahme) (S.G.Shete) (S.G.Mehare, J.) Advocate District Judge(Retd.) Judge Member Member Head of the Panel Date: 01.08.2021 Place: Aurangabad SG Punde, PA