Iffco Tokio Gen Ins Co. Ltd. Thr. ... vs Smt. Popat Sandipan Gaikwad And ...
2021 Latest Caselaw 14365 Bom

                                                                           11-fast-29125-2017=.doc




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                   FIRST APPEAL (ST.) NO. 29125 OF 2017
         Digitally
         signed by
                                                   WITH
         SHRADDHA
SHRADDHA KAMLESH                    CIVIL APPLICATION NO. 1642 OF 2018
KAMLESH TALEKAR
TALEKAR  Date:
         2021.10.06
                                                   WITH
         18:55:56
         +0530                      CIVIL APPLICATION NO. 1643 OF 2018
                                                    IN
                                   FIRST APPEAL (ST.) NO. 29125 OF 2017

                      Iffco Tokio General Insurance Co. Ltd.            ... Appellant/
                                                                        (Org. Insurer)
                            Vs.
                      1. Smt. Popat Sandipan Gaikwad
                      & Ors.                                            ... Respondents
                                                    .....

                      Ms.Shalini Shankar, for appellant.
                      None for respondents.
                                                      .....

                                                CORAM       :    N.J. JAMADAR, J.

                                                DATE        :    4th October, 2021
                      PER COURT :

1. Heard Ms. Shalini Shankar, the learned counsel for the

appellant-original insurer.

2. The learned counsel for the appellant submits that during the

pendency of this appeal, Application No. 2353 of 2013, in which

the impugned order was passed, has been finally decided and the

applicant-insurer has been exonerated of the liability and the claim

is allowed against the opposite party only, by the judgment and

order dated 3rd March 2021, passed by the learned Member, MACT,

Mumbai.

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3. A copy of the judgment and award dated 3 rd March 2021 is

tendered for the perusal of the Court. The same is taken on record.

4. The learned counsel submits that in view of the aforesaid

development, nothing survives in the appeal.

5. In view of the development in the intervening period, and

the aforesaid submission, the appeal stands disposed of as having

been rendered infructuous.

6. Court fees refund be made as per Rules.

7. In view of disposal of the appeal, civil applications do not

survive and accordingly stand disposed of.

Shraddha Talekar, PS

( N.J. JAMADAR, J. )

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