Bombay High Court
THE NEW INDIA ASSURANCE CO.LTD.versusMAHADEV SADASHIV KADAM and ORS.
- Disposal
- Disposed Off
Holding
The appeal was disposed of as withdrawn, with the appellant entitled to a refund of court fees and interest, and the respondents entitled to withdraw the amount with interest.
Summary
The appellant, New India Assurance Co. Ltd., appeared before the National Lok Adalat in the Bombay High Court, Circuit Bench at Kolhapur, and, through its administrative officer, declared that it did not wish to prosecute the appeal. The Lok Adalat, upon receiving this statement, granted permission and disposed of the appeal as withdrawn. Consequently, the respondents were ordered to withdraw the amount due to them, together with accrued interest, from the Court Registry or the concerned Tribunal. The appellant was directed to receive a refund of the court fees and statutory amount, also with accrued interest, as per the applicable rules. Any pending interim applications were to be disposed of, and the matter was concluded on 9 May 2026.
Issues considered
- Whether an appeal pending before the Lok Adalat can be withdrawn by the appellant.
- Entitlement of the appellant to a refund of court fees and statutory amounts with interest upon withdrawal.
- Entitlement of the respondents to withdraw the amount due with accrued interest.
Subjects
- Lok Adalat
- appeal withdrawal
- insurance
- court fees refund
- interest
Judgment
1-FA-125-2002 (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. 125 OF 2002
The New India Assurance Co. Ltd. ...Appellant
Versus
Mahadev Sadashiv Kadam & Ors. ...Respondents
…..
Ms. Jaya Shukla (Through VC), i/b. Mr. S S Dwivedi, Advocate for
Appellant
Mr. Sagar Samant, Administrative Officer of New India Assurance Co.
Ltd. Is present.
…..
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.
P.C:
1. Mr. Sagar Samant, the Administrative 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 want to
prosecute the present appeal.
2. Accordingly, permission is granted. The appeal is disposed of as
withdrawn.
R.S. Sahare 1 of 2
1-FA-125-2002 (C).doc
3. The respondents-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 will 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
17:17:58
+0530
R.S. Sahare 2 of 2
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