Bombay High Court
RELIANCE GENERAL INSURANCE COMPANY LTD.THR.MANAGER LEGAL MR.PRIYANK SHAHversusMRS.CHHAYA RAJKUMAR DAS AND ANR.
- Decided
- Disposal
- Allowed
Holding
The appeal is withdrawn and disposed of, with pending applications also dismissed.
Summary
Reliance General Insurance Co. Ltd. filed an appeal against a decree in favor of Mrs. Chhaya R. Das and another. The appellant, through counsel, sought the Court’s permission to withdraw the appeal. The High Court granted leave to withdraw, ordered the statutory deposit of Rs.25,000 to be transferred to the concerned tribunal, and directed a refund of court fees as per the rules. It further directed that if the decree amount had not yet been deposited, it must be paid within eight weeks, after which the claimants may withdraw it; if already deposited, the claimants must apply for its withdrawal. Consequently, the appeal was disposed of as withdrawn and all pending civil and interim applications were also dismissed.
Issues considered
- Whether an appeal pending before the High Court can be withdrawn by the appellant.
- Procedural requirements for withdrawal, including statutory deposit and court fee refund.
Subjects
- withdrawal of appeal
- civil procedure
- statutory deposit
- court fees
- High Court
Judgment
ppn 1 501.fast-25140.17.doc
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by PRACHI
PRACHI
PRANESH
PRANESH CIVIL APPELLATE JURISDICTION
NANDIWADEKAR
NANDIWADEKAR
Date: 2026.07.08
11:14:48 +0530 FIRST APPEAL (ST.) NO. 25140 OF 2017
WITH
CIVIL APPLICATION NO.503 OF 2018
WITH
CIVIL APPLICATION NO.504 OF 2018
Reliance General Insurance Co. Ltd. ….Appellant/Applicant
V/s.
Mrs. Chhaya R. Das & Anr. .…Respondents
----
Mr. Nikhil Mehta i/by KMC Legal Venture for the appellant/ applicant.
Mr. T. J. Mendon for the respondents.
----
CORAM : JITENDRA JAIN, J.
DATED : 7 July 2026
P.C. :
1. Not on board. On mentioning, taken on production board.
2. Learned counsel for the appellant, on instructions from the insurance
company, seeks leave of the Court to withdraw the present appeal.
3. Leave as prayed for is granted.
4. Statutory deposit of Rs.25,000/- to be transferred to the concerned
tribunal and the parties are at liberty to withdraw the same.
5. Refund of Court fees as per rules.
6. If the decreetal amount has not been deposited, then same to be
deposited within eight weeks from today and the claimants are entitled to
withdraw the same. If the amount is already deposited,then the claimants
to make necessary application for withdrawing the same.
ppn 2 501.fast-25140.17.doc
7. Appeal is disposed of as withdrawn.
8. Consequently, pending civil applications/interim applications do not
survive and are disposed of.
(JITENDRA JAIN, J.)
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