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The New India Assurance Company ... vs M/S Manek Road Lines
2022 Latest Caselaw 5481 Guj

Citation : 2022 Latest Caselaw 5481 Guj
Judgement Date : 26 June, 2022

Gujarat High Court
The New India Assurance Company ... vs M/S Manek Road Lines on 26 June, 2022
Bench: Conciliator - Advocate, ,, High Court Gujarat)
C/FA/871/2019                                  CONCILIATION ORDER DATED: 26/06/2022




   IN THE HIGH COURT LEGAL SERVICES COMMITTEE, AHMEDABAD
                   BEFORE THE LOK ADALAT


            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   ON THIS 26TH DAY OF JUNE, 2022


  CONCILIATORS PRESENT: HONOURABLE MRS. JUSTICE MAUNA M.
                           BHATT
                           AND
                            CONCILIATOR - MR. JAL SOLI UNWALLA
                           (SENIOR ADVOCATE, HIGH COURT OF
                           GUJARAT)

                     R/FIRST APPEAL NO. 871 of 2019

                                    With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
                      In R/FIRST APPEAL NO. 871 of 2019

   1     THE NEW INDIA
         ASSURANCE COMPANY
         LIMITED, RAJKOT
         THROUGH ITS LEGAL CELL
         POPULAR HOUSE, 4TH
         FLOOR, ASHRAM ROAD,
         AHMEDABAD

                                                                       Appellant(s)
                                 VERSUS




                                 Page 1 of 4

                                                          Downloaded on : Fri Jul 01 20:22:30 IST 2022
 C/FA/871/2019                               CONCILIATION ORDER DATED: 26/06/2022



   1     M/S MANEK ROAD LINES          2    KISHORBHAI MANSUKHBHAI
         ADD 17/6, MATHURA ROAD,            MOTIPARA (HEIR AND
         FARIDABAD?                         ADMINISTRATOR OF DECD.
         (OWNER OF HR-38-J-7606)            DINESHBHAI MANSUKHBHAI
                                            MOTIPARA)
                                            RES. OF VINOD NIVAS,
                                            SARDARNAGAR STREET
                                            NO.4 BEH. KANSAGRA
                                            HOSPITAL, RAJKOT ?
                                            (OWNER OF MARUTI CAR
                                            NO. GJ-3-K-6542)
   3     UNITED INDIA INSURANCE        4    MINOR HARSH DINESHBHAI
         CO. LTD.,                          MOTIPARA (HEIRS AND L.R.
         SUMMAONS THROUGH                   OF DECD. DINESHBHAI
         DIVISIONAL OFFICE NO.2             MANSUKHBHAI MOTIPARA
         TORAL JAWAHAR ROAD,                RES. OF RAJ, 4, AFRICA
         NR. GALAXI HOTEL,                  COLONY, NIRMALA ROAD,
         RAJKOT ?                           RAJKOT ?
         (INSURER OF MARUTI CAR             ?
         NO. GJ-3-K-6542)                   RESPONDENT NO.4 BEING
                                            MINOR, THROUGH HIS
                                            GRANDFATHER
                                            RESPONDENT NO.6
                                            SUMMONS OF RESPONDENT
                                            NO.4 SERVED UPON
                                            RESPONDENT NO.6
   5     SARASVATIBEN                  6    MANSUKHBHAI
         MANSUKHBHAI MOTIPARA               VITTHALBHAI MOTIPARA
         RES. OF RAJ, 4, AFRICA             RES. OF RAJ, 4, AFRICA
         COLONY, NIRMALA ROAD,              COLONY, NIRMALA ROAD,
         RAJKOT                             RAJKOT

                                                                   Defendant(s)
==========================================================

Appearance:

MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1

MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3 NOTICE SERVED BY DS for the Defendant(s) No. 2,4,5,6 ==========================================================

This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 30.8.2018 passed in M.A.C.P. No.604 of 2009 partially allowing

C/FA/871/2019 CONCILIATION ORDER DATED: 26/06/2022

the claim petition.

This appeal coming on for conciliation before Lok Adalat, the following order is passed :

CONCILIATION ORDER

The matter is taken up for hearing in Lok Adalat.

Learned advocate, Mr. Vibhuti Nanavati for the appellant has tendered withdrawal purshis dated 26.06.2022, seeking withdrawal of the present appeal. The withdrawal purshis is taken on record.

In view of above, the present First Appeal stands disposed of as withdrawn. It is made clear that this withdrawal shall not be treated as precedent by the either side and it will not affect any connected matter/s or any other proceeding pending before any other Court or Tribunal.

Necessary court fees, if any, be reimbursed as per Section 21(1) of the Legal Services Authorities Act, 1987, through an electronic mode to the appellant. Since the Appeal is withdrawn, the claim amount, if any, lying with the Bank in the form of FDRs either with the Tribunal or with the Nazir Branch of the Court, may be disbursed in favour of the original claimant/s after due verification by way of an Account Payee Cheque and/or RTGS and/or NEFT. The apportionment of the awarded amount, if any, shall be in the very terms, as ordered by the Tribunal in the original award.

C/FA/871/2019 CONCILIATION ORDER DATED: 26/06/2022

Record & Proceedings, if any, shall be remitted back to the concerned Tribunal forthwith.

Connected Civil Applications, if any, also stand disposed of in view of the order passed in the main First Appeal.

(MAUNA M. BHATT,J) CONCILIATOR

(JAL SOLI UNWALLA, SENIOR ADVOCATE) CONCILIATOR NAIR SMITA V.

 
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