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Bombay High CourtFA/895/2017allowed to be withdrawn

Icici Lombard General Insurance Limited v. Supriya Suhas Khanolkar And ORS

2021-05-25Hon'Ble Shri Justice M. S. Karnik2 pages

16.fa.895-17 & anr.doc Bhogale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.895 OF 2017 ICICI Lombard General Insurance Company Limited .. Appellant vs.

Supriya Suhas Khanolkar & ors.

.. Respondents WITH INTERIM APPLICATION ST. NO.674 OF 2021 IN FIRST APPEAL NO.895 OF 2017 Sujata Suhas Khanolkar & anr.

.. Applicants

IN THE MATTER BETWEEN

ICICI Lombard General Insurance Company Limited .. Appellant vs.

Supriya Suhas Khanolkar & ors.

.. Respondents -------------------- Mr. Nikhil Mehta I/b. KMC Legal Venture for the Appellant. None for the Respondents.

-------------------- CORAM : M.S.KARNIK, J.

DATE : MAY 25, 2021 (THROUGH V.C.) P.C.

Heard learned counsel for the Appellant.

2.

A praecipe dated 21.05.2021 has been fled seeking leave to withdraw the First Appeal. Learned counsel for the Appellant prays for withdrawal of the Appeal in terms of what is stated in the praecipe. Accordingly, the present Appeal is allowed to be withdrawn on the following terms :-

16.fa.895-17 & anr.doc (i) The amount deposited by the Appellant in the trial Court along with accrued interest, if any, is allowed to be withdrawn by the Original Claimants.

(ii) It is stated by learned counsel for the Appellant that a sum of Rs.25,000/- is deposited in this Court. The amount deposited in this Court along with accrued interest, if any, be transferred to the trial Court with liberty to the Appellant to withdraw the same (to the extent of Rs.25,000/- along with accrued interest, if any, deposited in this Court). 3.

The Appeal is accordingly allowed to be withdrawn. Interim Application to stands disposed of in view of the disposal of this Appeal. Office objection if any to stand dispensed with. 4.

The Appellant is entitled to refund of Court fee as per the Rules.

5.

No order as to costs.

(M.S.KARNIK, J.)