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Bombay High Court

THE ORIENTAL INSURANCE CO LTDversusMR GANPAT HARIBHAU JADHAV AND ORS

Decided
Disposal
Disposed Off

Holding

The appeal is disposed of as withdrawn, with the statutory deposit to be transferred to the MACT with interest and a full refund of court fees ordered.

Summary

The Oriental Insurance Co. Ltd. filed an appeal (First Appeal No. 326 of 2016) against Ganpat Haribhau Jadhav & Ors. The appellant sought leave of the court to withdraw the appeal. The High Court granted the leave, ordered that the statutory deposit of Rs.25,000 be transferred to the concerned Motor Accident Claims Tribunal (MACT) with interest, and allowed the insurance company to withdraw the amount with interest. Consequently, the appeal was disposed of as withdrawn and the accompanying civil application was also dismissed. The court directed a 100% refund of court fees, deviating from the standard fee rules.

Issues considered

  • Whether the court may grant leave to withdraw an appeal pending before it
  • What is the effect of withdrawal on the statutory deposit made in the case
  • Whether a full refund of court fees is permissible upon withdrawal of the appeal

Subjects

  • withdrawal of appeal
  • statutory deposit
  • court fees
  • insurance law
  • civil procedure
  • Motor Accident Claims Tribunal

Judgment

                     ppn                                1                            32.fa-326.16.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             Digitally signed
                                           CIVIL APPELLATE JURISDICTION
             by PRACHI
PRACHI       PRANESH
PRANESH
NANDIWADEKAR
             NANDIWADEKAR                  FIRST APPEAL NO.326 OF 2016
             Date: 2026.04.29
             17:28:14 +0530                            WITH
                                        CIVIL APPLICATION NO.3485 OF 2013

                   The Oriental Insurance Co. Ltd.                     ….Appellant
                                V/s.
                   Ganpat Haribhau Jadhav & Ors.                       .…Respondents
                                                            ----
                   Mr. Sachin Raje for the appellant.
                   None for the respondents.
                                                       ----
                                                       CORAM : JITENDRA JAIN, J.
                                                       DATED : 28 April 2026
                   P.C. :

                   1.       Learned counsel for the insurance company seeks leave of the Court
                   to withdraw the same.

                   2.       Leave as prayed for is granted.

                   3.       Statutory deposit of Rs.25,000/- to be transferred to the concerned
                   MACT alongwith interest and the insurance company is entitled to
                   withdraw the same alongwith interest.

                   4.       Appeal is disposed of as withdrawn. Consequently, civil application
                   does not survive and is disposed of.

                   5.       Refund of Court fees of 100% and not as per the rules.


                                                                       (JITENDRA JAIN, J.)


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