Bombay High CourtCAF/3683/2018ca disposed off

Shriram General Insurance Co. Ltd Thr. Its Divisional Manager v. Sheshrao Ambadas Fad And Others

2018-12-05Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0512caf3683.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3683/2018 AND FIRST APPEAL NO.646/2015 Shriram General Insurance Co. Ltd., through is Divisional Manager, Nagpur ...Versus...

Sheshrao Ambadas Fad and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.N. Khadgi, Counsel for applicant/appellant Shri R.N. Ghuge, Counsel for respondent nos.1 and 2 Shri M.R. Johrapurkar, Counsel for respondent no.3 CORAM : ARUN D. UPADHYE, J.

DATE : 05/12/2018 Heard.

The learned Counsel for the applicant/appellant has submitted that the matter is settled between the parties and the compensation amount is already paid to the respondent nos.1 and 2. He, therefore, prays for withdrawal of the first appeal.

The learned Counsel for the respondent nos.1 and 2 has no objection for withdrawal of the first appeal as well as refund of the amount of Rs.25,000/- deposited plus the decretal amount of Rs.12,08,571/- to the appellant/Company.

0512caf3683.18.odt In view of the statements made on behalf of the appellant as well as the respondent nos.1 and 2, the first appeal is allowed to be withdrawn. The appellant is entitled for refund of the amount of Rs.25,000/- deposited as well as the decretal amount of Rs.12,08,571/- with accrued interest thereon. The appellant is also entitled for refund of the court fees, as per rules.

The first appeal stands disposed of as withdrawn. The civil application is also disposed of. No order as to costs. JUDGE Wadkar, P.S.