Bajaj Allianz General Insurance ... vs Smt. Kavita Wd/O Pradip Deshmukh ...
2021 Latest Caselaw 16103 Bom

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                    N THE HIGH COURT OF JUDICATURE AT BOMBAY
                             : NAGPUR BENCH : NAGPUR.

                        CIVIL APPLICATION [CAF] NO. 514 OF 2019
                                           IN
                           FIRST APPEAL ST. NO. 1669 OF 2019
                    BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NAGPUR
                                        VERSUS
                     SMT. KAVITA WD/o PRADIP DESHMUKH AND OTHERS
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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Ms. Ashwini S. Athalye, Advocate for the applicant.

CORAM : V. M. DESHPANDE J.

DATE : NOVEMBER 22, 2021.

1. This is an application for condonation of delay in preferring the appeal. This application is moved by Bajaj Allianz General Insurance Co. Ltd. since there was delay of four days in filing the appeal.

2. Notice on this application was issued. Nobody is appearing for the non-applicants.

3. Today, when this application was taken up, Ms. Athaley, learned counsel submitted that she has instructions from applicant - Insurance Company not to press this application and to withdraw the appeal filed by it challenging the judgment and decree passed by the learned Member, Motor Accident Claims Tribunal, Chandrapur, dated 01.08.2018 in M.A.C.P. No. 172/2010.

4. Her statement is accepted.

5. The civil application is disposed of as not pressed. Consequently, First Appeal St. No. 1669/2019 filed by the appellant - Insurance Company is disposed of as not

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pressed. No costs.

6. Needless to mention, the appellant will be entitled for refund of the Court Fee as admissible.

7. Since, the appellant has already deposited the entire amount of compensation before this Court and the appellant is withdrawing the appeal, Registry is directed to issue notice to the claimants for withdrawal of the amount along with the interest thereon.

JUDGE Diwale