1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal No.522 of 2008 The New India Assurance Co.Ltd. Appellant Vs. Manohar Shridhar Bacchal & ors. Respondents Ms.Arati Barve for appellant. Mr.M.S.Macchal - resp.no.1 present in person. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. August 27, 2008 P.C. . On account of non-implementation of the conditional order passed by this Court on 20/6/2007 the application filed for condonation of delay would stand rejected and, therefore, the appeal continued on stamp number. It was also referred for conciliation and the learned advocate for the appellant stated before the Conciliators as under : (a) A sum of Rs.16,51,000/- was already deposited by the appellant on 27th February 2006 with the Claims Tribunal. (b) Since there was abnormal delay in filing the appeal, the High Court had passed a conditional order for condonation of delay on payment of Rs.5000/- towards costs within a specified time which order was not complied 2 with. (c) The appeal, therefore, stood dismissed and did not survive. (d) The learned advocate for the appellant fairly conceded before the Lok Adalat that the appeal itself did not survive and the appellant could have no objection to withdrawal of the amount already deposited. . The Conciliator, therefore, adjourned the proceedings so that the Consent Terms could be filed. It was further observed by the Conciliator that the matter could be listed before this Court for disposal. . The learned counsel for the appellant fairly conceded that the entire award amount has been withdrawn by the claimants unconditionally and the appeal does not survive any further. . Hence the appeal is dismissed as infructuous. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)