Bajaj Allianz General Insurance ... vs Smt. Chandrakala W/O Dhanuji ...
2021 Latest Caselaw 5668 Bom

                   1                                                       cao 268.21

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH : NAGPUR

                 Civil Application (O) No.268/2021
                                  In
                      M.C.A. St. No.4503/2021
                                  In
                   First Appeal No.993/2017 (D)
(Bajaj Allianz General Insurance Co. Ltd V Smt. Chandrakala Dobale
                              and others)
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Office Notes, Office Memoranda of Coram,                               Court's or Judge's
orders
appearances, Court's orders of directions
and Registrar's orders
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              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.             The appeal of the Insurance Company was
              dismissed as per the order dated 01-02-2019. It was due
              to non filing of paper book within the period of four
              months. The appellant in fact does not want to prosecute
              the appeal and wants to withdraw the appeal. They have
              deposited the deretal amount to the tune of Rs. 9,12,586/-
              and the respondent nos. 1 and 2/original claimants were
              permitted to withdraw 50% of the amount.
              3.             The appellant wants to restoration of the appeal
              because in fact they are interested for refund of the Court
              Fee. There is a delay of 593 days in preferring an appeal.
              4.             In fact, notice could have been issued on the
              restoration as well as on delay condonation application.
              But in view of the desire expressed for withdrawal of the
              appeal and in view of the reasons stated in the application

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           2                                                      cao 268.21

     I think both the applications can be granted without
     issuing notice and I am convinced of the reasons stated in
     the application. Hence, the order :-


                                      ORDER

(a) The application for condonation of delay of 593 days is allowed.

(b) The application for restoration of the appeal is allowed by setting aside the order dated 01-02-2019.

(c) First Appeal No.993/2017 is restored to the file.

First Appeal No.993/2017 along with Pursis St. No.04/2021

The appellant is desirous of withdrawing the appeal. They have already deposited the decretal amount.

This Court has permitted the respondent nos. 1 and 2 to withdraw 50% of the amount as per the order dated 18-06-2018. The appellant consents for withdrawal of the remaining amount. 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 remaining amount from the deposited amount of Rs. 9,12,586/- (after considering 50% withdrawal) be returned to the respondent nos.1

3 cao 268.21

and 2 along with accrued interest as per the judgment of the Claims Tribunal.

(S.M. Modak, J.)

Deshmukh