Bombay High Court
M/S. SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, AURANGABADversusSHITAL VASANT KALYANKAR AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The First Appeals are permitted to be withdrawn and disposed of in view of the withdrawal petition and authority letter.
Summary
The National Lok Adalat, convened under Section 19 of the Legal Services Authorities Act, 1987, heard First Appeal No. 3459 of 2018 filed by Shriram General Insurance Company Ltd against several claimants. The appellant, through Advocate Mr. Swapnil S. Rathi, submitted a withdrawal petition along with the requisite authority letter (Exhibit‑X). The panel examined the withdrawal request and found it in order, allowing the appeal to be withdrawn and the matter disposed. The court directed that the amount deposited by the insurer, together with any accrued interest, be paid to the claimants according to their respective entitlements. It also ordered the refund of court fees as permitted by law.
Issues considered
- Whether the First Appeal filed by the insurer can be withdrawn before the National Lok Adalat
- Whether the claimants are entitled to the deposited amount with interest upon withdrawal of the appeal
- Whether court fees are refundable in such a settlement
Legislation cited
Subjects
- National Lok Adalat
- withdrawal of appeal
- insurance claim settlement
- court fees refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:13959
P-3-FA-3459-18, ST-23609-18.odt
BEFORE THE NATIONAL LOK ADALAT HELD AT HIGH COURT OF
BOMBAY
BENCH AT AURANGABAD
Organized by High Court Legal Services Sub-Committee, Aurangabad
under Section 19 of the Legal Services Authorities Act, 1987 (Central Act)
.…
FIRST APPEAL NO. 3459 OF 2018
SHRIRAM GENERAL INSURANCE COMPANY LIMITED
VERSUS
SURESH NAGNATHRAO SHINDE AND OTHERS
AND
FIRST APPEAL STAMP NO.23609 OF 2018
SHRIRAM GENERAL INSURANCE COMPANY LIMITED
VERSUS
SHITAL VASANT KALYANKAR AND OTHERS
.…
Mr. Swapnil S. Rathi, Advocate for the Appellant
.…
HON’BLE SHRI JUSTICE SHAILESH P. BRAHME
(Head of the Panel)
Shri KISHOR R. CHOUDHARI,
(Retired District Judge)
Smt. YOGITA S. THORAT, (Advocate),
(Member)
AWARD
1. Not on board. Taken on board.
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(( 2 )) P-3-FA-3459-18, ST-23609-18
2. The dispute between the parties has been referred for
settlement before the National Lok Adalat.
3. Advocate Mr. Swapnil Rathi present before the panel and
tenders on record the pursis of the withdrawal and the authority
letter, which are marked as Exhibit-"X".
4. The First Appeals are permitted to be withdrawn and
disposed of in view of the pursis at Exhibit-"X". Pending civil
applications, if any, stand disposed of.
5. The amount deposited by the appellant / insurance
company with the accrued interest, if any, shall be disbursed to the
respondents / claimants as per their entitlement.
6. The office shall process refund of the court fees as is
permissible in law.
Yogita S. Thorat Kishor R. Choudhari Shailesh P. Brahme, J.
Member Retired District Judge Head of the Panel
Date:- 14.03.2026
Place: Aurangabad
SMS
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