Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. SHOBHA BABASAHEB BABAR AND OTHERS

Disposal: Disposed Off
Bench: PRAVIN SHESHRAO PATIL NATIONAL LOK ADALAT

Holding

The appeal was allowed to be withdrawn and the court fee and statutory deposit were ordered to be refunded.

Summary

The Administrative Officer of New India Assurance Co. Ltd. filed a pursis before the Lok Adalat indicating that the company no longer wishes to prosecute its appeal (First Appeal No. 1207 of 2015) and seeks permission to withdraw it. The panel recorded the pursis and, applying procedural law, allowed the withdrawal, thereby disposing of the appeal as withdrawn. The court further directed that the court fee stamp and statutory deposit made for the appeal be refunded to the Motor Accident Claims Tribunal. No substantive merits of the original dispute were considered, as the appeal was withdrawn. The decision reflects the court's authority to permit withdrawal of appeals and to order restitution of fees when an appeal is abandoned.

Issues considered

Whether an appeal pending before the Lok Adalat can be withdrawn by the appellant.
Whether the court fee and statutory deposit made for the appeal are refundable upon withdrawal.

Subjects

withdrawal of appeal
court fee refund
Lok Adalat
civil appellate jurisdiction
procedural law

Judgment

                                                      62-FA-1207-2015 (C).doc


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

                       FIRST APPEAL NO. 1207 OF 2015


The New India Assurance Co. Ltd.                              ...Appellant
      Versus
Smt. Shobha Babasaheb Babar And Others                        ...Respondents

                                  …..
Adv. Deepali Desai, Advocate for Appellant
Mr. Abhishek Mane, Administrative Officer, present.
                                  …..

                                   CORAM :     PRAVIN S. PATIL, J.
                                               (Head of the Panel)
                                               KALPANA S. HORE,
                                               (Retired District Judge)
                                               Member
                                               RAHUL R. PATIL,
                                               (Panel Advocate), Member
                                    DATE :     14th MARCH, 2026.

P.C:

1.         The Administrative Officer, Mr. Abhishek Mane on behalf of the

appellant – New India Assurance Company Ltd. is present before the

Lok Adalat.

2.         The Administrative Officer has tendered a pursis stating that the

appellant – Assurance Company does not want to prosecute the present

appeal and seeks permission to withdraw the present appeal in terms of

the pursis. The same is taken on record and marked ‘X’ for




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                                                      62-FA-1207-2015 (C).doc


identification.

3.         Accordingly, the appeal stands disposed of as withdrawn.

4.         The appellant – Assurance Company is entitled to refund of the

Court fee stamp and the statutory deposit be remitted back to the

concerned Motor Accident Claims Tribunal.




 (RAHUL R. PATIL) (KALPANA S. HORE)              (PRAVIN S. PATIL, J.)
  Panel Advocate  Retired District Judge           Head of the Panel
     Member              Member




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