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Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. VANITA SHARAD WAGHMARE AND ORS.

Disposal
Disposed Off

Holding

The appeal is disposed of as withdrawn because the appellant expressed an unwillingness to prosecute.

Summary

The New India Assurance Co. Ltd. filed an appeal against a decree involving Smt. Vanita Sharad Waghmare and others. During the hearing, the appellant's counsel and an authorized officer informed the court that the insurance company was not willing to prosecute the appeal. The court therefore disposed of the appeal as withdrawn. The respondents were allowed to withdraw the awarded amount together with accrued interest. The appellant was ordered to be refunded court fees and statutory amounts with interest as per the applicable rules. The registry was directed to return the case record and proceedings.

Issues considered

  • Whether an appeal can be withdrawn by the appellant after filing
  • Consequences of withdrawal on court fees and awarded amounts

Subjects

  • appeal withdrawal
  • court fees refund
  • insurance litigation
  • civil appellate jurisdiction
  • interest on award

Judgment

                                                    14-FA-1353-2015 (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. 1353 OF 2015

The New India Assurance Co. Ltd.     ...Appellant
            Versus
Smt. Vanita Sharad Waghmare & Ors....Respondents
                                 …..
Mr. D. M. Desai, Advocate for Appellant.
None for the Respondents.
Mr. Sagar Samant, Administrative Officer of Appellant 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.       On behalf of the appellant-Insurance Company, the learned

counsel as well as authorized officer are present in the Court. On

instructions, they have made a statement that appellant- Insurance

Company is not willing to prosecute the present appeal.

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       Accordingly, the appeal stands disposed of as withdrawn.

3.       The respondents-claimants are permitted to withdraw the

amount along with accrued interest thereon.



     R.S. Sahare                                                      1 of 2
                                                                           14-FA-1353-2015 (C).doc


                        4.       The appellant Company will be entitled for refund the Court fees

                        and statutory amount alongwith accrued interest as per Rules.

                        5.       The Registry is directed to send back the Record and Proceedings

                        if received by this Court.



                        ( 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
           17:34:23
           +0530




                             R.S. Sahare                                                     2 of 2


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