Gujarat State Road Transport ... vs Sumaben Mangabhai Chotiya
2023 Latest Caselaw 6636 Guj

                                                                                        NEUTRAL CITATION




C/FA/1922/2016                                   CONCILIATION ORDER DATED: 09/09/2023

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


             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  ON THIS 9TH DAY OF SEPTEMBER, 2023


 CONCILIATORS PRESENT: HONOURABLE MR. JUSTICE ILESH J.
                            VORA
                            AND
                             MR. PRAKASH K JANI (SENIOR
                            ADVOCATE, HIGH COURT OF GUJARAT)

                     R/FIRST APPEAL NO. 1922 of 2016


   1     GUJARAT STATE ROAD
         TRANSPORT CORPORATION
         AMRELI

                                                                       Appellant(s)
                                   VERSUS

   1     SUMABEN MANGABHAI                  2    HEIR OF DECD.
         CHOTIYA                                 SURESHBHAI KURJIBHAI
         DEVALIYA (CHAKKARGADH)                  SAVAJ - NAYANABEN
         TA AND DIST AMRELI.                     SURESHBHAI SAVAJ
                                                 DEVALIYA (CHAKKARGADH)
                                                 TA AND DIST AMRELI.

                                                                      Defendant(s)
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Appearance:

MR.HIREN M MODI(3732) for the Defendant(s) No. 1

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This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 22.06.2016 passed in M.A.C.P. No. 186 of 2012 on the file of MACT (Main) Amreli, partially allowing the claim petition or compensation and seeking enhancement of compensation.

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

NEUTRAL CITATION

C/FA/1922/2016 CONCILIATION ORDER DATED: 09/09/2023

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CONCILIATION ORDER

The matter is taken up for hearing in Lok Adalat. Learned advocate appearing for the appellant has tendered withdrawal pursis dated 09.09.2023, seeking withdrawal of the present appeal. The withdrawal pursis 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 proceedings 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 Tribunal/Court, be disbursed in favour of the original claimant/s after due verification and after following proper procedure, 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.

In view of the withdrawal of the main First Appeal, all pending application/s, if any, stand consigned to records.

(ILESH J. VORA,J) CONCILIATOR

(PRAKASH K JANI, SENIOR ADVOCATE) CONCILIATOR P.S. JOSHI/Tausif