1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF No. 2719/2009 in FA St. No. 6965/2009 United India Insurance Co. Ltd. Vs. Anwadsingh s/o Ajabsingh Maraskolhe and others =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. D. N. Kukday, Advocate for the applicant. Mr. Anasane, Advocate for respondents 1 to 3. CORAM : R.M. SAVANT, J. DATED :19th JANUARY, 2011. By the above civil application, the applicant/appellant Insurance Company seeks condonation of dealy of 117 days in filing the appeal. The reasons are mentioned in the civil application. Learned counsel for the respondents submits to the orders of the Court. Civil application is therefore allowed. Resultantly, the delay of 117 days in filing the First Appeal stands condoned. Civil Application is accordingly disposed of. First Appeal No. ST. No. 6955/2009 By consent of parties taken up for hearing. The above First Appeal has been filed against the order dated 29.8.2008 passed in Claim Petition 2 NO.33/2007 which is an award in respect of no fault liability against the appellant. Learned counsel for the appellant Shri Kukday states that in the execution proceedings filed by the respondents 1 to 3, the said amount towards no fault liability was deposited, which has already been withdrawn. Shri Kukday fairly states that in view of the fact that the amount has already been withdrawn, the appeal as filed would not survive. The First Appeal is therefore disposed of on the said ground. However, it is made clear that all the contentions raised in the above First Appeal as regards liability of the appellant-Insurance Company are kept open for being agitated in the proceedings under Section 166 of the Motor Vehicles Act. The amount of statutory deposit of Rs. 25,000/- deposited in this Court be refunded back to the appellant by the office. The First Appeal accordingly stands disposed of. JUDGE Ambulkar