Created by Fuzzy Cloud

Bombay High Court

THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD.versusMR.PREETAM RAMBRIKSH RAJBHAR (MINOR)THR.NATURAL GAURDIAN MR.RAM BRIKSH DEEPAN RAJBHAR AND ANR.

Decided
Disposal
Allowed To be withdrawn

Holding

The appeal is disposed of as withdrawn.

Summary

The Divisional Manager of Oriental Insurance Co. Ltd. filed an appeal (First Appeal No. 1197 of 2006) against Mr. Preetam Rambriksh Rajbhar (minor) and others. During the hearing, the appellant's counsel informed the court that the appeal was being withdrawn. The court accordingly disposed of the appeal as withdrawn. The appellant had earlier deposited a statutory amount with interest, and it was directed that this amount be transferred to the Tribunal and that court fees be refunded as per the Rules. The Tribunal was also instructed to permit the claimants to withdraw the deposited amount with interest, subject to any earlier withdrawal.

Issues considered

  • Whether an appeal pending before the High Court can be withdrawn by the appellant.

Subjects

  • appeal withdrawal
  • civil appellate jurisdiction
  • statutory deposit
  • court fees refund
  • insurance

Judgment

                                                                                        904. FA 1197 of 2006.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                                FIRST APPEAL NO. 1197 OF 2006

                              The Divisional Manager,
                              Oriental Insurance Co. Ltd.                    ...Appellant

                                         Vs.

                              Mr. Preetam Rambriksh
                              Rajbhar (Minor)
                              Thr. Natural Guardian
                              Mr. Ram Briksh Deepan
                              Rajbhar and Anr.                               ...Respondents
                                                              *****
                                   Mr. Vikas Shivgan     Advocate for the Appellant
                                   Ms. Ketki Gokhale i/by Advocate for the Respondent
                                   Mr. Avinash M.
                                   Gokhale
                                                               *****
                                                  CORAM :         S. M. MODAK, J.

                                                  DATE      :       19th AUGUST 2026

                              P. C. :-

                              1.      On the basis of the instructions, it is submitted by learned

                              Advocate for the Appellant that they are withdrawing the appeal.

                              Appeal is disposed of as withdrawn.

                              2.      Statutory deposit alongwith interest be transferred to the

                              Tribunal. Refund the Court fees as per the Rules.
           Digitally signed
SEEMA by   SEEMA
        KSHITIJ
KSHITIJ YELKAR
        Date:
YELKAR 2026.08.20
        13:46:12 +0530
                              Seema                                                                        1/2
                                                          904. FA 1197 of 2006.doc




3.      It is also submitted that entire amount is deposited by the

Appellant. Tribunal to permit the Claimants to withdraw the amount

alongwith interest subject to earlier withdrawal.



                                      [S. M. MODAK, J.]




Seema                                                                        2/2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.