The Oriental Insurance Co. Ltd vs Mandakini Raosaheb Kadam
2021 Latest Caselaw 15106 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
             ANJAKULATH
ANJAKULATH   NAIR
NAIR         Date: 2021.10.21
             19:38:34 +0530




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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                   FIRST APPEAL NO.1415 OF 2008
                                                            ALONG WITH
                                         CROSS OBJECTION (STAMP) NO.18199 OF 2008
                                                            ALONG WITH
                                                 CIVIL APPLICATION NO.1770 OF 2008


                                   The Oriental Insurance Co. Ltd.           ..           Appellant

                                           Vs.

                                   Mandakini Raosaheb Kadam                  ..          Respondent

                                                                ...
                                   Adv. Soumen Vidyarthi h/f Mr. S.M. Vidyarthi for the appellant.

                                   Mr. Akshay R. Kapadia for respondent No.1.

                                   Ms. Mandakini R. Kadam, the respondent is present in the court.
                                                                ...

                                                      CORAM : SMT. BHARATI DANGRE, J.

                                                      DATED      : 20TH OCTOBER, 2021.

                                   P.C:-

1. The appellant - Insurance Company, who has instituted the appeal being aggrieved by the Judgment and Award in MACP No.615 of 1998, is desirous of withdrawing the appeal.

                                   AJN
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2. The appeal is permitted to be withdrawn and is disposed of as such.

3. On withdrawal of the appeal, the statutory amount of Rs.25,000/- deposited in this court shall be transferred to MACT, Nashik, if not already transferred. The appellant shall be at liberty to withdraw the said amount on an application being made to MACT, Nashik to that effect.

4. In terms of the order of this court, the amount under the Award is deposited before the MACT, Nashik and 50% of the amount was permitted to be withdrawn. The respondent/Claimant shall be permitted to withdraw the remaining amount along with the interest accruing therefrom.

5. In view of the withdrawal of the appeal, the court fee shall be refunded to the appellant, as per rules.

CROSS OBJECTION (STAMP) NO.18199 OF 2008

6. Learned counsel for the Claimant makes a statement on instructions from the Claimant, who is present in the court, that the present Cross Objection may also be permitted to be withdrawn.

AJN
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7. Cross Objection (St.) No.18199 of 2008 is also permitted to be withdrawn and is disposed of as such.

8. In view of the withdrawal of the appeal as well as the cross-objections, all pending applications shall stand disposed of.

[SMT. BHARATI DANGRE, J.]

AJN