Bombay High Court

NATIONAL INSURANCE CO.LTD.versusVANITA SATYANARAYAN CHEDOOP AND ANR.

Decided: 10 July 2026
Disposal: Allowed To be withdrawn
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is disposed of as withdrawn.

Summary

National Insurance Co. Ltd. filed an appeal against a decree in favor of Vanita Satyanarayan Chedoop & Anr. During the hearing, counsel for the appellant, Ramesh Cheulkar, filed a written request to withdraw the appeal. The Court accepted the withdrawal, ordered a refund of court fees, and directed that the statutory deposit be transferred to the concerned Tribunal. The Court also affirmed that the claimants remain entitled to the decretal amount with interest, and directed the insurance company to deposit the amount within eight weeks. Consequently, the appeal was disposed of as withdrawn and the accompanying civil application was also dismissed.

Issues considered

Whether an appeal may be withdrawn after it has been filed and listed for hearing
Effect of withdrawal of an appeal on a pending civil application

Subjects

appeal withdrawal
civil procedure
court fees
statutory deposit
interest on decretal amount

Judgment

  2026:BHC-AS:28239
                             Sayyed                                                        501-FA.861.2004.doc


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                  FIRST APPEAL NO.861 OF 2004
                                                              WITH
                                               CIVIL APPLICATION NO.2617 OF 2004

                             National Insurance Co. Ltd.                         ...Appellant/Applicant
                                   Versus
                             Vanita Satyanarayan Chedoop & Anr.                  ...Respondents
                                      _____________________________________________________
                             Mr. Ramesh Cheulkar for the Appellant/Applicant.
                                   _____________________________________________________

                                                             CORAM :      JITENDRA JAIN, J.
                                                             DATE :       10 JULY 2026
                             P.C.:
                             1.         Not on board. On mentioning, taken on production board.

                             2.         Mr. Cheulkar, learned counsel for the appellant, on written
                             instructions from his client, prays for withdrawal of the present appeal.

                             3.         The prayer as prayed for is granted.

                             4.         Refund of Court fees as per Rules.

                             5.         Statutory deposit be transferred to the concerned Tribunal and
                             the parties are at liberty to make an application for withdrawal of the
                             same.

                             6.         The claimants would be entitled to the decretal amount
                             alongwith interest. If the amount is not deposited, then same should be
                             deposited by the insurance company within eight weeks from today.

                             7.         Appeal is disposed of as withdrawn. Consequently, civil
                             application, if any, does not survive and is disposed of.



                                                                          [ JITENDRA JAIN, J. ]

Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 10/07/2026 15:28:13                                        1 of 1

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