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The appeal is disposed of as withdrawn because the appellant expressed an unwillingness to prosecute.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 The court therefore disposed of the appeal as withdrawn.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- Whether an appeal can be withdrawn by the appellant after filing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 Accordingly, the appeal stands disposed of as withdrawn.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
Checking your session…