Bharti Axa General Insurance Company, Amravati Thr. Its Manager (Legal), Shri Idris Zahid Khanwala v. Mangala Wd/O Gajanan Bambal And Others

2024:BHC-NAG:11941 21 FA-982-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.982 OF 2018 [Bharti Axa General Insurance Co. Ltd. ..Vs.. Mangala Wd/o Gajanan Bambal and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr R. D. Bhuibhar, Advocate for Appellant.

Mr D. S. Khushalani, Advocate for Respondent Nos.1 to 7.

CORAM

: M. W. CHANDWANI, J.

DATE : 21 st OCTOBER, 2024.

1.

It is common ground that the parties have settled the dispute out of the Court and accordingly the joint pursis is filed on record.

2.

The respondent Nos.1 to 5 are present. Learned counsel for the respondent Nos.1 to 7 submits that due to ill health of the respondent Nos.6 and 7, they could not remain present, however, they have singed the joint pursis. The medical certificates of the respondent Nos.6 and 7 tendered across the bar are taken on record and marked as "X" for identification.

3.

The statement made by the learned counsel for the respondent Nos.1 to 7 is accepted.

4.

The respondent Nos.1 to 7 admit the execution of the joint pursis. Accordingly, the appeal is disposed of in terms of the joint pursis. Award be drawn in terms of the joint pursis.

TAMBE

21 FA-982-2018 5.

The respondent Nos.1 to 7 are permitted to withdraw the entire amount except the amount of Rs.1,00,000/-. The amount of Rs.1,00,000/- shall be allowed to be withdrawn by the appellant.

6.

The appellant is entitled to refund the court fees, as per the rules.

JUDGE TAMBE