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Bombay High Court

NEW INDIA ASSURANCE CO.LTD.THR.MUMBAI LEGAL HUBversusSMT.SUMAN LALASO KAMBLE AND ANR.

Disposal
Disposed Off

Holding

The appeal stands disposed of as withdrawn.

Summary

The authorized officer of New India Assurance Co. appeared before the National Lok Adalat and declared that the company would not prosecute the appeal. The Lok Adalat granted permission for withdrawal, and the appeal was disposed of as withdrawn. The respondents were ordered to withdraw the claim amount with accrued interest from the court registry or the concerned tribunal. The appellant was entitled to a refund of court fees and statutory amounts with interest as per the rules. Any pending interim applications were directed to be disposed of.

Issues considered

  • Whether an appeal pending before the National Lok Adalat can be withdrawn by the appellant.
  • What are the financial consequences of withdrawing an appeal for both the appellant and the respondents?

Subjects

  • Lok Adalat
  • appeal withdrawal
  • insurance
  • court fees
  • interest
  • civil procedure

Judgment

                                                   24-FA(ST)-11383-2017 (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. 11383 OF 2017

New India Assurance Co. Ltd.
                               ...Appellant
                                    Versus
Smt. Suman Lalaso Kamble
                                    ...Respondents
                                 …..
Mr. Atharva R.B. i/b Ms. Poonam Mittal, Advocate for Applicant
                                 …..
                                WITH
 CIVIL APPLICATION IN FA NO. 504 OF 2019INFIRST APPEALST NO.
                            11383 OF 2017

New India Assurance Co.ltd.thr.mumbai Legal Hub
                              ...Applicant
                                   Versus
Smt. Suman Lalaso Kamble And Anr.
                                     ...Respondents
                                  …..
Mr. Atharva R.B. i/b Ms. Poonam Mittal, Advocate for Applicant

                                  …..


                               CORAM :        PRAVIN S. PATIL, J.
                                              (Head of the Panel)
                                              ANNASAHEB N. PATIL,
                                              (Retired District Judge)
                                              Member
                                              REKHA DATTATRAY
                                              MUSALE,
                                              (Panel Advocate), Member
                                DATE :        9th MAY, 2026.




   R.S. Sahare                                                       1 of 2
                                                                              24-FA(ST)-11383-2017 (C).doc


                        P.C:

                        1.       Mr. Sagar Samant, the authorized officer of the New India

                        Assurance Company Limited is present before the Lok Adalat. He made

                        a statement, on instructions, that Insurance Company does not

                        prosecute the present appeal.

                        2.       Accordingly, permission is granted. The appeal stands disposed of

                        as withdrawn.

                        3.       The respondent-claimants are entitled to withdraw the amount

                        along with accrued interest lying with the Registry of this Court or

                        before the concerned Tribunal.

                        4.       The appellant-Insurance Company would be entitled for refund of

                        the Court fees and statutory amount along with accrued interest as per

                        Rules.

                        5.       Pending Interim Applications, if any, shall be disposed of.




                        ( REKHA D. MUSALE)(ANNASAHEB N. PATIL) (PRAVIN S. PATIL, J.)
                           Panel Advocate  Retired District Judge Head of the Panel
                              Member              Member

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.05.15
           17:46:37
           +0530




                             R.S. Sahare                                                        2 of 2


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