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Bombay High Court

NEW INDIA ASSURANCE CO.LTD.versusCHAMPAKLAL PRATAPCHAND JAIN (KOTHARI) AND ORS.

Decided
Disposal
Disposed off as Withdrawn

Holding

The appeal was disposed of as withdrawn upon the appellant’s request.

Summary

The appellant, New India Assurance Co. Ltd., filed a first appeal (No. 1256 of 2007) in the High Court of Bombay and subsequently sought liberty to withdraw the appeal. No counsel appeared for the respondents. The court, after hearing the appellant’s counsel, granted the liberty to withdraw and ordered the appeal to stand disposed of as withdrawn. It directed that any court fees be refunded as per law and any statutory deposit, with interest, be transferred to the concerned tribunal. The accompanying civil application was also disposed of. No substantive issues of law were addressed.

Subjects

  • withdrawal of appeal
  • civil procedure
  • court fees
  • statutory deposit

Judgment

        Digitally
        signed by
        NISHA                                                       69-FA-1256-2007 (C).doc
NISHA   SANDEEP
SANDEEP CHITNIS
CHITNIS Date:            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        2026.09.24
        17:53:19              BEFORE THE NATIONAL LOK ADALAT
        +0530                    CIVIL APPELLATE JURISDICTION
                                 FIRST APPEAL NO. 1256 OF 2007
                                         WITH
                              CIVIL APPLICATION NO. 2173 OF 2007
                                              IN
                                 FIRST APPEAL NO. 1256 OF 2007


                New India Assurance Co. Ltd.                    ...Appellant/Applicant

                         Versus

                Champaklal Pratapchand Jain (Kothari) & Ors. ...Respondents


                Mr. S. M. Dange, for the Appellant/Applicant.

                None for the Respondents.

                                         CORAM : ASHISH S. CHAVAN, J.
                                                 Head of the Panel

                                                   A. N. MARE
                                                   Registrar (Finance & Budget)
                                                   Member

                                                   P. T. GOTEY
                                                   OSD in the Office of Registrar
                                                   (OS), Member

                                            DATE : 12th SEPTEMBER 2026.

                P.C :

          N.S. Chitnis                                                                   1/2
                                                             69-FA-1256-2007 (C).doc




      1.       Learned counsel for the appellant, on instructions, seeks

      liberty to withdraw the aforesaid First Appeal. Liberty, as prayed

      for, is granted.

               The First Appeal stands disposed of as withdrawn.

               Court Fees, if any, be refunded in accordance with law.

               The statutory deposit, if any, shall be transferred to the

      concerned Tribunal, in accordance with the Rules, along with

      accrued interest, if any.

               The accompanying application, consequently stands

      disposed of.



    (P. T. GOTEY)                 (A. N. MARE)          (ASHISH S. CHAVAN, J.)
 OSD in the office of    Registrar (Finance & Budget)      Head of the Panel
   Registrar (OS)                   Member
      Member




N.S. Chitnis                                                                    2/2


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