Bombay High Court

NATIONAL INSURANCE CO. LTD.versusBABYABAI DWARKANATH TIKONE AND OTHRS

Decided: 4 March 2026
Disposal: Disposed off as Withdrawn
Bench: ABHAY AHUJA

Holding

The appeal is disposed of as withdrawn and the respondents' undertaking is discharged.

Summary

The appellant, National Insurance Co. Ltd., filed a first appeal against Babyabai Dwarkanath Tikone and others. During the hearing, the appellant's counsel informed the court of his intention to withdraw the appeal. The respondents' counsel sought the discharge of an undertaking they had given at the time of depositing amounts, arguing that the withdrawal of the appeal should render the undertaking moot. The court accepted the withdrawal, ordered the appeal to be disposed of as withdrawn, and consequently discharged the respondents' undertaking. No substantive merits of the dispute were addressed.

Issues considered

Whether an appeal can be withdrawn by the appellant at the stage of hearing
Whether the undertaking given by the respondents in connection with the deposited amounts stands discharged upon withdrawal of the appeal

Subjects

appeal withdrawal
undertaking discharge
civil appellate jurisdiction
procedure

Judgment

                                                           21-FA-1348-2010.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                       FIRST APPEAL NO.1348 OF 2010

National Insurance Co. Ltd.                      … Appellants
                V/s.
Babyabai Dwarkanath Tikone
And Ors.                                … Respondents
             ____________________________________
Mr. Ramesh Cheulkar, Advocate for the Appellants.
Mr. Suneet Moholkar, Advocate for Respondent Nos.1 to 6.
              ____________________________________

                                CORAM      : ABHAY AHUJA, J.
                                DATED      : 4th MARCH 2026
P.C.:

1.        When the matter is called out, Mr. Cheulkar, learned counsel

appears for the Appellants and submits that he has instructions to

withdraw the Appeal.


2.         Mr. Moholkar, learned counsel appearing for the Respondents,

submits that in view of the withdrawal of the Appeal, the undertaking

given by the Respondents at the time of withdrawing the amounts

deposited by the Appellant also be discharged.


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        Accordingly, the Appeal stands disposed of as withdrawn.


4.        The undertaking given by the Respondents accordingly stands

discharged.


                                              ( ABHAY AHUJA, J.)


                                      1
Sharada

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