New India Assurance Co Ltd vs Vala Gova Chaudhari
2022 Latest Caselaw 5489 Guj

C/FA/2191/2019                               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. 2191 of 2019


   1     NEW INDIA ASSURANCE CO
         LTD
         TAGOR MARG
         GANDHIDHAM

                                                                     Appellant(s)
                               VERSUS

   1     VALA GOVA CHAUDHARI            2    KANIBAI VALA CHAUDHARI
         VODH BHACHAU DIST                   VODH BHACHAU DIST
         KACHCHH                             KACHCHH
   3     GAGU KHIMA AHIR                4    GELA MEMA AHIR
         MOTI CHIRAI BHACHAU                 MOTI CHIRAI BHACHAU
         DIST KACHCHH                        DIST KACHCHH
   5     HARJI MANJI RAVARIYA           6    VAGHJI GOKAR CHAMARIYA
         VODH BHACHAU DIST                   VODH BHACHAU DIST
         KACHCHH                             KACHCHH
   7     ORIENTAL INSURANCE CO
         PARASNATH CHAMBERS
         STATION ROAD BHUJ

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

Appearance:

MR GC MAZMUDAR(1193) for the Appellant(s) No. 1 MR HG MAZMUDAR(1194) for the Appellant(s) No. 1

C/FA/2191/2019 CONCILIATION ORDER DATED: 26/06/2022

MR.HIREN M MODI(3732) for the Defendant(s) No. 1 NOTICE SERVED for the Defendant(s) No. 4,6 UNSERVED EXPIRED (N) for the Defendant(s) No. 2,3,5 ==========================================================

This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 20.6.2018 passed in M.A.C.P. No.97 of 2015 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 verification by way of an Account Payee Cheque and/or RTGS and/

C/FA/2191/2019 CONCILIATION ORDER DATED: 26/06/2022

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.

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.