Bombay High Court
Shriram General Insurance ... vs Shri. Jyotirling Bassappa Jarli ... on 6 October, 2021
Bench: Bharati Dangre
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
NAIR Date: 2021.10.07
12:18:28 +0530
1/3 03 FA-1196.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.1196 OF 2016
ALONG WITH
CIVIL APPLICATION NO.3316 OF 2016
ALONG WITH
INTERIM APPLICATION NO.3443 OF 2019
Shriram General Insurance Company
Ltd. Through Satpal Singh Rajput,
Legal Manager. .. Applicant
Vs.
Jyotirling Bassappa Jarli & Ors. .. Respondents
...
Mr. Nikhil Mehta i/b KMC Legal Venture for the applicant.
Mr. Chetan G. Patil for the respondent.
...
CORAM : SMT. BHARATI DANGRE, J.
DATED : 06TH OCTOBER, 2021.
P.C:-
1. The appellant - Insurance Company has instituted the
appeal being aggrieved by the judgment and award dated
07/04/2016 passed by MACT, Gadhingalj in MACT Application
No.38 of 2014.
AJN
2/3 03 FA-1196.16.odt
2. On the appeal being instituted, Civil Application No.3316
of 2016 was taken out praying for stay of the effect and
operation of the judgment and award impugned. On 21/07/2016,
while the respondents being noticed, the court granted ad-interim
stay in terms of prayer clause (a) subject to the stipulation that
the appellant shall deposit the entire decretal amount in the
MACT at Gadhinglaj before the returnable date. Learned
counsel for the appellant makes a specific statement to the effect
that an amount of Rs.8,49,962/- is deposited in the MACT at
Gadhinglaj on 03/08/2016.
3. Learned counsel for the appellant states that the appellant
is not desirous of pressing the appeal and he has instructions to
make a statement that the appellant will not object to the
withdrawal of the decretal amount deposited by them in the
MACT at Gadhingalj by the original claimants. Learned counsel
for the respondents states that he shall forthwith make an
application for withdrawal of the amount with an understanding
that the appellant has no objection to the withdrawal.
4. The appeal is permitted to be withdrawn subject to two
stipulations that the pre deposit of Rs.25,000/- in this court shall
be remitted to the MACT at Gadhingalj and the appellant shall
be permitted to withdraw the same and the second stipulation
that the court fees paid by the appellant on the first appeal shall
AJN
3/3 03 FA-1196.16.odt
be permitted to be refunded to them as per rule.
5. The request made by the appellant deserves a consideration
since the appellant is not desirous of prosecuting the appeal and
is ready to accept the impugned judgment and award. The
appeal is permitted to be withdrawn and stands disposed of as
such. The pre deposit amount deposited with this court while
instituting the appeal along with interest shall be transferred to
the MACT, Gadhinglaj and the said Tribunal shall permit the
said amount to be withdrawn by the appellant. The appellant
shall also be refunded the court fees, as per rule.
6. In view of the withdrawal of the appeal, the interim
applications shall stand disposed of.
[SMT. BHARATI DANGRE, J.]
AJN
