IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR FIRST APPEAL NO.1012 OF 2009. (MANAGER, M/S. CHOLAMANDELAM MS GEN. INSURANCE CO.LTD..VS. SMT.LALITA GANESH PIKALMUNDE & ORS. ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Shri A.J.Pophlay, Advocate for Appellant. Shri P.S.Mirache, Advocate for Respondents No.1 to 5. Shri D.N.Kukdey, Advocate for Respondent No.7. CORAM : A.R.JOSHI, J. DATED : NOVEMBER 24, 2009. 1. Heard learned Advocate for the appellant / Insurance Company for some time. 2. Considering the challenge to the order passed by Motor Accident Claims Tribunal under Section 140 of the Motor Vehicles Act, under no fault liability, the learned Advocate submits that the present appeal may be allowed to be withdrawn, keeping his defences open before the Claims Tribunal in the pending matter. 3. In the opinion of this Court, this is a good gesture on the part of the Insurance Company for withdrawal of the present appeal. Needless to mention that the order under Section 140 of the Motor Vehicles Act would merge in the final order that would be passed by the Claims Tribunal and the issues raised by the appellant/ Insurance Company can be very well tried according to law by the Tribunal. 4. With the above observations and keeping the defences open for the Insurance Company to be taken before the Claims Tribunal, the present appeal is allowed to be withdrawn and accordingly disposed of. JUDGE RR.