1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 4395/2004 The Oriental Insurance Company Ltd. vs. Sindutai wd/o Laxmanrao Goche and others. ------------------------------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ----------------------------------------------------------------------------------------------------------------- CORAM : A.P.LAVANDE, J DATE : 18.6.2008 By this petition, the petitioner has challenged order dated 24.3.2004 passed by the Motor Accidents Claims Tribunal, Chandrapur in Claim Petition No. 33/2003. This petition was filed on 23.8.2004. When the petition was filed the remedy by way of appeal to a party aggrieved under order under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'The Act') was not available and this court in number of Judgments had held that the appeal against the order passed under Section 140 of the Motor Vehicles Act was not available and consequently the only remedy available to said person was by way of filing writ petition against the order passed under Section 140 of the Act. The Apex Court in Smt. Yallwwa and others vs. National Insurance Company Ltd. and another (2007(8) Scale 77 held that against the order passed under Section 140 of the Act the appeal is maintainable and reversed the decision given by this court. In view of this Judgment the remedy now available to the present petitioner is to file an appeal. 2` In view of the above Judgment, Mr. Kukde, learned counsel for the petitioner seeks leave to withdraw the petition with liberty to file appeal. Since the apex court has held that remedy by way of appeal is available against the order passed under Section 140 of the Act, the petition is allowed to be withdrawn with liberty to file appeal against the impugned order. At the request of the learned counsel for the petitioner interim order granted by this court on 24.9.2004 shall continue for a period of four weeks. The petition is disposed of in the aforesaid terms. Judge patle 3`