1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 55. CA/13405/2009 (NATIONAL INSURANCE CO LTD V/S KARANBHAI TEJPAL SHAH) IN FA/1153/2003 WITH 56. CA/13406/2009 (NATIONAL INSURANCE CO LTD V/S BHARTIBEN MADHUBAI SHAH ) In FA/1156/2003 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.P.P.Bafna, Adv., for the applicants. ... CORAM: K.U.CHANDIWAL, J. DATE: 7/1/2010 P.C.:- 1. Heard Mr. Bafna, Counsel for the appellant in both the appeals. 2. By common judgment dt.17th July, 2009, in First Appeal No. 1150/2003, a group of first appeal was allowed, setting aside the impugned judgment as it was not 2 maintainable in law as in those matters this Court found the income of the deceased exceeded Rs.40,000/-; the outer limited contemplated under Section 163A of Motor Vehicles Act and, consequently, these two matters were remitted to the learned Member of the Motor Accident Claims Tribunal at Aurangabad, to be decided on its own merits. 3. In view of this situation, it is prayed for remitting back the fee in terms of Section 15 of the Bombay Court Fees Act read with Order 41 Rule 23 and Rule 23-A of Code of Civil Procedure. Rule 23- A of Code of Civil Procedure Code contemplates as under: "Remand in other cases: Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a re- trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23." In view of provisions of Order 41 3 Rule 23-A coupled with Section 15 of the Bombay Court Fees Act, 1959, which authorizes and entitles for certification to the appellant, to receive back from the Collector the full amount of fee paid on the memorandum of appeal. In view of above situation, since the matter was remanded in terms of Order 41 Rule 23-A of C.P.C., the office to issue certificate in favour of the appellant to receive back from the Collector the amount of Court fee deposited in this Court. Both the applications allowed in above terms. (K.U.CHANDIWAL) JUDGE ... agp/13405-09cagr