1 9 fa.1964.08 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1964 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.S.Vidyarthi i/b Mr.S.M.Vidyarthi for the Appellant. Mr. P.J.Pawar for Respondent Nos.1 to 5. CORAM : A.S.OKA, J. DATE : 18 th August, 2011. P.C. . Heard the learned counsel appearing for the Appellant. 2 Admittedly, the Appellant has not applied for a leave under Section 170 of the Motor Vehicles Act, 1988. There is no defence taken under Sub-Section (2) of Section 149 of the said Act. Hence, the appeal by the Insurer is not maintainable. The appeal is accordingly dismissed only on the ground that the same is not maintainable. 3 The Appellant will be entitled to refund of Court- fees as per Rules. The Appellant will be entitled to 2 9 fa.1964.08 refund of the sum of Rs.25,000/- deposited as per Section 173 of the said Act with interest, if any, accrued on the said amount. 4 Civil Application No.5085 of 2008 does not survive and the same is disposed of. [ A.S.OKA, J ]