The New India Assurance Co. Ltd vs Jashubhai Karshanbhai Patel
2022 Latest Caselaw 5483 Guj

C/FA/4119/2018                               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. 4119 of 2018


   1     THE NEW INDIA
         ASSURANCE CO. LTD.,
         SECTOR 16 GH 4
         GANDHINAGAR

                                                                     Appellant(s)
                               VERSUS

   1     JASHUBHAI KARSHANBHAI          2    BALUJI CHELAJI THAKOR
         PATEL                               VILLAGE RAMPUR TA
         1443/1 SECTOR 2B                    CHANASMA DIST PATAN
         GANDHINAGAR
   3     HASMUKHBHAI CHIMANLAL          4    RAMILABEN SHAILESHBHAI
         BAROT                               CHAUDHARY
         10/B NILAM PARK SOC                 411 SECTOR 6C
         SIDHPUR ROAD PO AND                 GANDHINAGAR
         TAL AND DIST MEHSANA
   5     ORIENTAL INSURANCE CO
         LTD
         SECTOR 21 DISTRICT
         SHOPPING CENTRE
         GANDHINAGAR

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

Appearance:

MR GC MAZMUDAR(1193) for the Appellant(s) No. 1

C/FA/4119/2018 CONCILIATION ORDER DATED: 26/06/2022

MR HG MAZMUDAR(1194) for the Appellant(s) No. 1 MR DK CHAUDHARI(5361) for the Defendant(s) No. 1 MS. NIYATI K JUTHANI(7014) for the Defendant(s) No. 5 RULE SERVED for the Defendant(s) No. 2,3,4 ==========================================================

This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 30.1.2018 passed in M.A.C.P. No.301 of 2006 partially allowing 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. H.G.Mazmudar 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

C/FA/4119/2018 CONCILIATION ORDER DATED: 26/06/2022

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.

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

(MAUNA M. BHATT,J) CONCILIATOR

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