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Bombay High Court

THE NEW INDIA ASSURANCE COMPANY LTDversusSHRI TUKARAM LADKU GONDHALI...

Decided
Disposal
Disposed Off

Holding

Leave to withdraw the appeal was granted, and the appeal was disposed of as withdrawn.

Summary

The New India Assurance Company Ltd. filed a first appeal (ST) No. 30948 of 2012 before the National Lok Adalat of the Bombay High Court, seeking leave to withdraw the appeal. The learned counsel, Mr. D. R. Mahadik, appeared on behalf of the appellant and requested that the appeal be withdrawn. The Court, after considering the application, granted leave and permitted the appeal to be withdrawn. Consequently, the appeal was disposed of as withdrawn, and the accompanying civil applications (Nos. 466 and 467 of 2013) were also dismissed as they could not survive the withdrawal. The Court directed that any statutory deposit be returned to the jurisdictional Tribunal and that court fees, if any, be refunded as per the applicable rules.

Issues considered

  • Whether an appeal pending before the National Lok Adalat can be withdrawn upon the appellant's request

Subjects

  • National Lok Adalat
  • withdrawal of appeal
  • Civil Procedure
  • court fees refund
  • statutory deposit

Judgment

Rutuja                              1/2               139-asfast-30948-2012.doc


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

                FIRST APPEAL (ST) NO.30948 OF 2012
                               WITH
                 CIVIL APPLICATION NO.466 OF 2013
                               WITH
                 CIVIL APPLICATION NO.467 OF 2013
The New India Assurance Company Ltd.            ...Appellant
            Versus
Tukaram Ladku Gondhali                          ...Respondent

                              *********
Mr. D. R. Mahadik for appellant.

                                *********

                 CORAM :        KAMAL KHATA, J.,
                                HEAD OF THE PANEL

                                DR. M. S. DESHPANDE,
                                REGISTRAR, (JUDICIAL-II), MEMBER

                                 NITIN C. PAWAR,
                                 COURT RECEIVER, MEMBER

                DATE    :       14th MARCH 2026.

P.C. :


1.       The matter is listed before National Lok Adalat.

2.       The learned counsel appears on behalf of Appellant. The

Appellant seeks leave to withdraw the Appeal.
Rutuja                               2/2               139-asfast-30948-2012.doc


3.       Leave is granted and the Appeal is permitted to be withdrawn.

4.       In view of the above Appeal stands disposed of as withdrawn.

5.       In view of disposal of the Appeal, civil application does not

survive and same is also disposed of.

6.       Statutory deposit, if any, be remitted back to the jurisdictional

Tribunal.

7.        Courts fees refund, if any, be made as per rule.




     (NITIN C. PAWAR)     (Dr. M. S. DESHPANDE)       (KAMAL KHATA, J.)
      (Court Receiver)     Registrar (Judicial-II)     Head of the Panel
          Member                  Member


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