Cholamandalam Dbs Finance Ltd., Royal Plaza, Dhabholkar Corner, Kolhapur Vs. Shri Balaso Dattoba Bhosale and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1111503
CourtMaharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided OnApr-15-2009
Case NumberMiscellaneous Application No.671 of 2009, In F.A.No.1059 of 2006 @ M.A.Nos.1300-Delay & 1301-Stay/2006 in Consumer complaint No.399 of 2004
JudgeShri. S.R. Khanzode, Hon'ble Presiding Judicial Member. Smt. S.P. Lale, Hon’ble Member.
AppellantCholamandalam Dbs Finance Ltd., Royal Plaza, Dhabholkar Corner, Kolhapur
RespondentShri Balaso Dattoba Bhosale and Another
Advocates:Adv. Shri S. Hussain for the Applicant.
Excerpt:
oral order:- per shri s.r. khanzode, honble presiding judicial member: we heard adv.shir s.hussain for the applicant. none for the respondent. perused the application. in view of settlement out of court, the applicant wants to withdraw the appeal. the respondent is not present. however, it is submitted at the bar on behalf of applicant that withdrawal of this appeal is already intimated to the respondent and they agreed to settle the matter, since only after withdrawal they will get their insurance claim. acting on this submission, we pass the following order:- order: 1. misc.application no. 671/2009 is allowed. 2. f.a.no.1059/2006 stands disposed of as withdrawn and accordingly proceedings stands disposed of. 3. amount of rs.25,000/- deposited by the appellant at the time of filing of the appeal be refunded back to them. 4. m.a.nos.1300-delay and 1301-stay/2006 stands disposed of. 5. pronounced and dictated in open court. 6. copies of the order herein be furnished to the parties.
Judgment:

Oral Order:-

Per Shri S.R. Khanzode, Honble Presiding Judicial Member:

We heard Adv.Shir S.Hussain for the applicant. None for the respondent. Perused the application.

In view of settlement out of court, the applicant wants to withdraw the appeal. The respondent is not present. However, it is submitted at the bar on behalf of applicant that withdrawal of this appeal is already intimated to the respondent and they agreed to settle the matter, since only after withdrawal they will get their insurance claim. Acting on this submission, we pass the following order:-

Order:

1. Misc.Application No. 671/2009 is allowed.

2. F.A.No.1059/2006 stands disposed of as withdrawn and accordingly proceedings stands disposed of.

3. Amount of Rs.25,000/- deposited by the appellant at the time of filing of the appeal be refunded back to them.

4. M.A.Nos.1300-Delay and 1301-Stay/2006 stands disposed of.

5. Pronounced and dictated in open court.

6. Copies of the order herein be furnished to the parties.