Hdfc Ergo General Insurance Co. Ltd. v. Shivaji Vinayak Shendge And ORS

30 fa.4279.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

FIRST APPEAL NO. 4279 OF 2016 WITH CA/15839/2016 IN FA/4279/2016 HDFC ERGO GENERAL INSURANCE CO. LTD.

VERSUS

SHIVAJI VINAYAK SHENDGE AND OTHERS ...

Advocate for Appellant : Mr. S. G. Chapalgaonkar. Advocate for Respondent Nos.1 & 2 : Mr. S. B. Rajebhosale. ...

CORAM :

V. K. JADHAV, J.

DATE :

14th March, 2017.

P.C.:

.

The learned counsel for Appellant, on instructions, seeks leave to withdraw this appeal with liberty to raise all the issues before the Tribunal in the pending claim under fault liability. Leave granted. The appeal is disposed of as withdrawn with liberty as aforesaid. The Respondents / Claimants are permitted to withdraw the amount under award, in equal shares, deposited before this Court for which the Appellant / Insurer has no objection. The Appellant / Insurer is entitled for refund of Court fee as per rules.

Pending civil application stands disposed of. [ V. K. JADHAV, J. ] ndm