Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. SONALI GANESH WAGH AND ORS.

Decided: 9 May 2026
Disposal: Disposed Off
Bench: AARTI A SATHE NATIONAL LOK ADALAT

Holding

The appeal may be withdrawn, and the statutory deposit is to be remitted back to the jurisdictional Tribunal.

Summary

The New India Assurance Co. Ltd. filed an appeal against a decision favoring Smt. Sonali Ganesh Wagh and others. During the hearing, the appellant’s counsel, H.G. Misar, requested to withdraw the appeal. The Court, presided over by Justice Aarti Sathe, allowed the withdrawal, directing that the statutory deposit made with the Tribunal be returned to the jurisdictional Tribunal and that any court fees be refunded as per the rules. Consequently, the pending civil applications related to the appeal were ordered to stand disposed. The order effectively ends the appellate proceedings and restores the parties to their pre‑appeal positions.

Issues considered

Whether an appeal pending before the High Court can be withdrawn by the appellant.
What is the effect of withdrawal on the statutory deposit made with the Tribunal?
How should pending civil applications be disposed of upon withdrawal of the appeal?

Subjects

appeal withdrawal
statutory deposit
civil appellate jurisdiction
insurance claim
court fees refund
high court procedure

Judgment

                                                                               70-FAST-12304-16 @ 2CAFS.DOC


 JYOTI
 RAJESH                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 MANE                                    CIVIL APPELLATE JURISDICTION
Digitally signed by
JYOTI RAJESH
MANE
Date: 2026.05.18
11:19:43 +0530                          BEFORE THE NATIONAL LOK ADALAT

                                         FIRST APPEAL (ST) NO. 12304 OF 2016


                      The New India Assurance Co. Ltd.                    ...Appellant
                            Versus
                      Smt. Sonali Ganesh Wagh And Ors.                    ...Respondents

                                                       WITH
                                         CIVIL APPLICATION NO.2110 OF 2016
                                                        AND
                                         CIVIL APPLICATION NO. 2111 OF 2016
                                                         IN
                                         FIRST APPEAL (ST) NO. 12304 OF 2016

                                                         _______
                      Mr. H.G.Misar, for Appellant.
                      None for Respondent.
                                                         _______

                                                CORAM:         AARTI SATHE, J.
                                                               (HEAD OF PANEL)

                                                               G.P. DESHMUKH
                                                               (OSD AT CPC)

                                                               G.G. BHALCHANDRA,
                                                               (OSD, e - HCR/BDLR)


                                                DATE:          09 MAY 2026

                      P.C.

                      1.        Mr. Misar, appearing on behalf of the Appellant seeks to withdraw the

                      Appeal. Appeal is allowed to be withdrawn. The amount deposited with the

                      Tribunal is allowed to be withdrawn by the Respondent – Claimant.




                                                      Page 1 of 2
                      Mane
                                                                70-FAST-12304-16 @ 2CAFS.DOC



2.         In view of the disposal of the Appeals pending Civil Applications stand

disposed of.

3.             Statutory deposit be remitted back to the jurisdictional Tribunal.

4.         Court fees refund, if any, be made as per rule.

5.         Award be drawn accordingly.




(G.G. BHALCHANDRA),               (G.P. DESHMUKH)            (AARTI SATHE, J.)
(OSD, e – HCR/BDLR)                 (OSD AT CPC)             (HEAD OF PANEL)




                                     Page 2 of 2
Mane

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