Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD., THANEversusUMESH VASANT KALHAPURE AND ANR.

Decided: 9 May 2026
Disposal: Disposed Off
Bench: AARTI A SATHE NATIONAL LOK ADALAT

Holding

Permission to withdraw the first appeal was granted, and the appeal was disposed of as withdrawn.

Summary

The appellant, The New India Assurance Company Ltd., filed a first appeal before the High Court of Bombay. The appellant's counsel sought to withdraw the appeal, submitting an email from the company's Administrative Officer (Legal) dated 8 May 2026 authorising the withdrawal. The Court considered the request and the accompanying email, and allowed the withdrawal of the appeal. Consequently, the appeal was disposed of as withdrawn, the statutory deposit made with the Tribunal was ordered to be remitted back, and any court fee, if payable, was to be refunded. All pending applications related to the appeal were also dismissed.

Issues considered

Whether the Court may grant permission to withdraw a pending first appeal.
Effect of withdrawal on the statutory deposit and court fee.

Subjects

appeal withdrawal
statutory deposit
court fee refund
High Court
insurance

Judgment

                                                       1 of 2         507-FA-1127-22.DOC



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

                                           FIRST APPEAL NO. 1127 OF 2022

MANISH
SURESHRAO             The New India Assurance
THATTE                Company Ltd.                                            ...Appellant
Digitally signed by
                           Versus
MANISH
SURESHRAO             Umesh Vasant Kalhapure and
THATTE
Date: 2026.05.18      Anr.                                                 ...Respondents
11:17:45 +0530
                                                        _____

                      Adv. Poonam Mittal i/by S.M. Dange for the Appellant.
                      Adv. Niketan Nakhawa for Respondent.
                                                     _______
                                               CORAM :      AARTI SATHE, J.
                                                           (HEAD OF THE PANEL)

                                                           G.P. DESHMUKH
                                                           (OSD AT CPC)

                                                           G.G.BHALCHANDRA
                                                           (OSD, e-HCR/BDLR)

                                               DATE    :    9th May 2026

                      P.C.
                      1.          Adv. Poonam Mittal appears on behalf of the Appellant. Adv.

                      Niketan Nakhawa for the Respondent.

                      2.          Learned counsel for the appellant seeks to withdraw the

                      aforesaid appeal. She has also placed on record an E-mail dated 8 th May

                      2026 received from the Administrative Officer (Legal) of the Insurance

                      Company, instructing her to withdraw the aforesaid appeal. The E-mail




                      Rushikesh
                                    2 of 2            507-FA-1127-22.DOC



dated 8th May 2026 is taken on record. The amount deposited with the

Tribunal is allowed to be withdrawn by the respondents/claimants.

3.          Permission for withdrawal of the first appeal, as prayed, is

granted.

4.          Hence, the first appeal stands disposed of as withdrawn,

5.          The statutory deposit be remitted back to the jurisdiction

Tribunal.

6.          Court fee, if any, be refunded as per rule.

7.          In view of disposal of the first appeal, pending applications, if

any, stand disposed of.




(G.G.BHALCHANDRA) (G.P.DESHMUKH)                    (AARTI SATHE, J.)

(OSD, e-HCR/BDLR)          (OSD AT CPC)           (HEAD OF THE PANEL)




Rushikesh

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