Bajaj Allianz General Insurance Co. Ltd. Thr. Sr. Exe. (Legal) Aurangabad v. Sandesh S/O Manikchand Jinturkar And ANR

1 cao 269.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (O) No.269/2021 In M.C.A. St. No.4506/2021 In First Appeal No.526/2013 (D) (Bajaj Allianz General Insurance Co. Ltd V Sandesh Jinturkar and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Kukday, Adv for appellant.

CORAM : S.M. MODAK, J.

DATE : 25-03-2021 Heard learned Advocate Shri Kukday for the appellant.

2.

Appeal came to be dismissed as per the order dated 06-09-2017, for want of filing paper book. The appellant now wants to withdraw the appeal. Pursis bearing St. No.01/2021 to that effect is filed. As the appeal is dismissed, the same cannot be withdrawn without being restored.

3.

There is a delay of 1299 days in filing an application for restoration. Apart from that there is a application of the original claimant bearing Civil Application No.2871/2017 for withdrawal. The appellant is consenting for the said withdrawal.

4.

In fact, notice could have been issued on restoration application but the facts do not warrant to issue notice because the appellant wants to withdraw the appeal. Hence, the order :-

2 cao 269.21

ORDER

(a) The application for condonation of delay is allowed. (b) The application for restoration of the appeal is allowed.

(c) The order dated 06-09-2017 is set aside.

First Appeal No.526/2013 along with Civil Application No.2871/2017 The appellant has deposited the decretal amount along with statutory deposit before the Claims Tribunal, Buldhana. They are consenting for disbursal of the amount to the original claimant. Hence, the order :-

ORDER

(a) The appeal is disposed of as withdrawn.

(b) The appellant be refunded the Court fee as per the Rules.

(c) The M.A.C.T., Buldhana is directed to disburse the amount deposited with them to the original claimant as per the award dated 07-01-2011.

(d) The office is directed to transfer the statutory deposit or any other amount along with accrued interest to the M.A.C.T., Buldhana, if any amount is lying in this Court.

(S.M. Modak, J.) Deshmukh