1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 3283 OF 2008 WITH CIVIL APPLICATION NO.4298 OF 2008 Bajaj Allianz General Insurance Company Through its Branch Manager Rajendra Chamber, Adalat Road, Aurangabad ...Appellant Versus 1. Baburao s/o Atmaji Kadam, Age 25 years, Occ. Dairy & Agri R/o. Tuppa, Tq. And Dist. Nanded 2 Palamkar Prashant s/o Kamlakarrao Age major, Occ. Business, R/o. D-32, Annu Foods M.I.D.C. Nanded ...Respondents ..... Mr. S.G. Chapalgaonkar, advocate for the appellant Mr. G.R. Ingole, advocate for respondent No.1 Mr. S.N. Lavekar, advocate for respondent No. 2 ..... CORAM: R.G. KETKAR, J. DATED: 3RD NOVEMBER, 2009 PER COURT:- 1 Heard Shri Chapalgaonkar, learned counsel for the appellant in support of this appeal, Shri Ingole, learned counsel for respondent No.1 2 and Shri Lavekar, learned counsel for respondent No.2. 2 After hearing leaned counsel for some time, learned counsel appearing for the parties consented for disposal of this appeal on the following terms. Hence, the following order. 3 By consent of the parties, the impugned judgment and order dated 01.12.2007 passed by the learned Adhoc District Judge-4 and Ex-Officio Member of M.A.C.T. Nanded in M.A.C.P. No. 440 of 2003, is quashed and set aside. The M.A.C.P. No. 440 of 2003 is restored to the file for disposal in accordance with law. Learned Judge hearing the application will dispose of the same in the light of the pleadings as well as evidence on record, as expeditiously as possible and in any case, within three months from production of the copy duly authenticated by the Sheristedar of this Court. The parties to appear before the learned Judge on Wednesday 25th November, 2009. 4 Shri Chapalgaonkar, learned counsel for the appellant states that, pursuant to the court's order, the appellant has deposited the amount in this Court, which may be transferred to learned M.A.C.T. Nanded. The prayer is reasonable. Hence, the amount deposited by the appellant be transferred to the M.A.C.T. Nanded. Respondent No.1 will be at liberty to move appropriate application before M.A.C.T. Nanded for withdrawal of that amount. 5 First appeal stands disposed. 3 6 In the light of disposal of appeal, civil application No. 4298 of 2008 stands disposed of 7 Office to send back the record and proceeding of the case to M.A.C.T. Nanded. *****