Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD. THROUGH MANANGER,versusMR. BALASO RAGHUNATH PATIL AND ANR.

Disposal: Disposed Off
Bench: PRAVIN SHESHRAO PATIL NATIONAL LOK ADALAT

Holding

The appeal is disposed of as withdrawn and the appellant is entitled to a refund of the court fee stamps.

Summary

The New India Assurance Co. Ltd. filed a pursis indicating its desire to withdraw the appeal it had lodged against Mr. Balaso Raghunath Patil and another. The court recorded the withdrawal request and marked it for identification. The panel, after noting the withdrawal, disposed of the appeal as withdrawn. The court directed that the appellant be refunded the court fee stamps in accordance with the applicable rules. Additionally, any statutory deposit made with the Motor Accident Claims Tribunal, Islampur, was to be remitted back to that tribunal.

Issues considered

Whether an appeal filed in the National Lok Adalat Civil Appellate Jurisdiction can be withdrawn by the appellant.
What are the procedural consequences, including refund of court fee stamps, upon withdrawal of an appeal?

Subjects

withdrawal of appeal
court fee refund
civil appellate jurisdiction
insurance claim
motor accident claims tribunal

Judgment

                                                  67-FA(ST)-4316-2016 (C).doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
                BEFORE THE NATIONAL LOK ADALAT
                   CIVIL APPELLATE JURISDICTION

              FIRST APPEAL (STAMP) NO. 4316 OF 2016

The New India Assurance Co. Ltd.
Through Manager,                                  ...Appellant
      Versus
Mr. Balaso Raghunath Patil And Anr.               ...Respondents


                               WITH
                CIVIL APPLICATION NO. 3085 OF 2016
                                IN
                FIRST APPEAL(ST) NO. 4316 OF 2016

The New India Assurance Co. Ltd. Through
Manager,                                          ...Applicant
      Versus
Mr. Balaso Raghunath Patil And Anr                ...Respondents


                              WITH
             CIVIL APPLICATION IN FA NO. 3084 OF 2016
                                IN
                FIRST APPEAL(ST) NO. 4316 OF 2016

The New India Assurance Co. Ltd. Through
Manager,                                                  ...Applicant
      Versus
Mr. Balaso Raghunath Patil And Anr                        ...Respondents

                                 …..
Mr. Ajay RajeNimbalkar i/b Adv. H. G. Misar, for the Appellant.
Mr. Abhishek Mane, Administrative Officer, present.
                                 …..




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                                                       67-FA(ST)-4316-2016 (C).doc


                                   CORAM :      PRAVIN S. PATIL, J.
                                                (Head of the Panel)
                                                KALPANA S. HORE,
                                                (Retired District Judge)
                                                Member
                                                RAHUL R. PATIL,
                                                (Panel Advocate), Member
                                    DATE :      14th MARCH, 2026.

P.C:

1.         The Administrative Officer, Mr. Abhishek Mane, on behalf of the

New India Assurance Company Ltd. has placed a pursis on record

through the advocate stating that the appellant – Assurance Company

does not want to prosecute the present appeal.

2.         The pursis filed by the learned counsel for the appellant, along

with an email informing withdrawal of the present appeal, is taken on

record and marked ‘X’ for identification.

3.         Accordingly, the present appeal stands disposed of as withdrawn.

4.         The appellant is entitled to refund of the court fee stamps as per

the Rules and the statutory deposit be remitted back to the concerned

Motor Accident Claims Tribunal, Islampur.




 (RAHUL R. PATIL) (KALPANA S. HORE)               (PRAVIN S. PATIL, J.)
  Panel Advocate  Retired District Judge            Head of the Panel
     Member              Member




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