Bombay High Court

NATIONAL INSURANCE CO. LTD.versusBHIWAJI BAHIRU RONGATE AND OTHRS

Decided: 20 February 2026
Disposal: Allowed
Bench: KAMAL KHATA

Holding

The court held that the statutory deposit must be refunded as there is no impediment following the dismissal of the first appeal.

Summary

The applicant, National Insurance Co. Ltd., filed a civil application seeking refund of a statutory deposit. The court examined the record and noted that the first appeal in the underlying matter had been dismissed on 19 October 2010. Since the dismissal removed any legal obstacle, the court found no impediment to returning the deposit to the applicant. Accordingly, the court allowed the civil application in accordance with prayer clause (a). The application was then disposed of.

Issues considered

Whether the statutory deposit can be refunded after the dismissal of the first appeal.

Subjects

statutory deposit
refund
civil application
appeal dismissal
high court

Judgment

                                                              4-ascaf-27-2022.doc


         Priyanka

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                    CIVIL APPLICATION NO.27 OF 2022
                                  IN
                    REJECTED CASE NO.1526 OF 2011

National Insurance Co. Ltd.                            ... Applicant
     V/s.
Bhiwaji Bahiru Rongate & Ors.                          ... Respondents


                                 _______________________

Ms. Poonam Mital for the Applicant.
Ms. Siddhi Dawne h/f Mr. Rameshwar Gite for Respondent No.1.
                           _______________________

                                   CORAM : KAMAL KHATA, J.

                                   DATED : 20TH FEBRUARY 2026.

P.C. :

1.       The present Civil Application seeks refund of the statutory

deposit.

2.       A perusal of the record indicates that the First Appeal was

dismissed on 19th October 2010 and accordingly, there is no

impediment in refunding the deposit to the Applicant.

3.       In view of the above, the Civil Application is allowed in terms

of prayer clause (a).

4.       Civil Application is disposed of.



                                                  (KAMAL KHATA, J.)
                                    1/1

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