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Bombay High CourtCAO/4/2022disposed off

Shri. Balaso Jagannath Nalawade v. New India Assurance Co.Ltd., Thr. Satara Branch,

2022-03-12Hon'Ble Shri Justice N. J. Jamadar,National Lok Adalat4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BEFORE THE NATIONAL LOK ADALAT FIRST APPEAL NO. 1635 OF 2016 WITH CROSS OBJECTION (STAMP) NO. 22674 OF 2019 IN FIRST APPEAL NO. 1635 OF 2016 New India Assurance Company Limited ... Appellant Vs.

Balaso Jagannath Nalawade Since deceased Through L.Rs.

1-a Sunita Balaso Nalawade and Ors.

... Respondents WITH INTERIM APPLICATION NO. 1273 OF 2022 IN FIRST APPEAL NO. 1635 OF 2016 Balaso Jagannath Nalawade Since deceased Through L.Rs.

1-a Sunita Balaso Nalawade and Ors.

... Applicant

IN THE MATTER BETWEEN

New India Assurance Company Limited ... Appellant Vs.

Balaso Jagannath Nalawade Since deceased Through L.Rs.

1-a Sunita Balaso Nalawade and Ors.

... Respondents WITH INTERIM APPLICATION NO. 1274 OF 2022 IN CROSS OBJECTION (STAMP) NO.22674 OF 2019 Balaso Jagannath Nalawade Since deceased Through L.Rs.

1-a Sunita Balaso Nalawade and Ors.

... Applicant

IN THE MATTER BETWEEN

REKHA PRAKASH PATIL 1/4 REKHA PRAKASH PATIL Date: 2022.03.17 11:44:13 +0530

New India Assurance Company Limited ... Appellant Vs.

Balaso Jagannath Nalawade Since deceased Through L.Rs.

1-a Sunita Balaso Nalawade and Ors.

... Respondents WITH CIVIL APPLICATION NO. 04 OF 2022 IN CROSS OBJECTION (STAMP) NO.22674 OF 2019 Advocate S.S. Dwivedi, for the Appellant.

Mr. Sourin Saha, Administrative Officer of Appellant present. Mr. B.A. Lawate, for the Respondent in FA 1635 of 2016 and for Applicant in IA No. 1273 of 2022 and CAO No. 4 of 2022.

CORAM

: N. J. JAMADAR, J.

: V. R. KACHARE, Registrar (Jud-I) & D. M. MATA, Dy. Registrar DATE : MARCH 12, 2022 --------------- P.C. :

INTERIM APPLICATION NO. 1274 OF 2022 This application is to bring the legal representatives of deceasedrespondent no.1 Balaso Jagannath Nalawade on record. For the reasons assigned in the application, application stands allowed.

Respondent Nos. 1-a to 1-c are permitted to be brought on record. Legal Representatives of deceased-claimant Shri. Balaso Jagannath Nalawade be brought on record in Cross Objection (Stamp) No. 22674 of 2019 as well as First Appeal No. 1635 of 2016. Necessary amendment be 2/4

carried out forthwith.

5.

Interim Applications stand disposed of accordingly. FIRST APPEAL NO. 1635 OF 2016 Heard the learned counsel for the appellant.

The learned counsel for the appellant, on instruction, seeks leave to withdraw the appeal.

The appeal stands disposed of as withdrawn.

Court fee refund be made as per rules.

5.

The statutory deposit, if any, be remitted to the jurisdictional Tribunal.

6.

Record and proceeding be sent back.

7.

In view of withdrawal of appeal, pending applications, if any, also stand disposed of.

8.

Learned counsel submits that appellant No.1-a and 1-b have filed an Affidavit giving 'no objection' to release the entire amount of compensation in favour of their mother Sunita Balaso Nalawade. 9.

Liberty to the appellant-claimant to make appropriate application before the Tribunal.

...

3/4

CROSS OBJECTION (STAMP) NO. 22674 OF 2019 Heard the learned counsel for the appellant.

The learned counsel for the appellant, on instruction, seeks leave to withdraw the Cross Objection.

The Cross Objection stands disposed of as withdrawn. Court fee refund be made as per rules.

5.

The statutory deposit, if any, be remitted to the jurisdictional Tribunal.

( D.M. MATA ) ( V.R. KACHARE ) ( N.J. JAMADAR, J. ) 4/4