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Bombay High Court

THE NEW INDIA ASSURANCE CO.versusDODHABAI CHINTAMAN BIRARI AND ORS.

Decided
Disposal
Disposed off as Withdrawn

Holding

Leave to withdraw the appeal was granted and the appeal was disposed of.

Summary

The National Lok Adalat heard First Appeal No.1666 of 2006 filed by The New India Assurance Co. against Dodhabai Chintaman Birari & Ors. The appellant, through counsel S.S. Dwivedi, sought leave to withdraw the appeal. The Court considered the request and, without addressing any substantive merits, granted leave to withdraw. Consequently, the appeal was deemed disposed of and any pending applications were also closed. The Court ordered that any statutory deposit made by the appellant be returned to the jurisdictional Tribunal. It further directed that any court fees paid be refunded in accordance with the applicable rules.

Issues considered

  • Whether leave to withdraw an appeal may be granted by the National Lok Adalat

Subjects

  • withdrawal of appeal
  • National Lok Adalat
  • court fees refund
  • statutory deposit

Judgment

Priyanka                               1/2                     501-fa-1666-2006.doc


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

                       FIRST APPEAL NO.1666 OF 2006

The New India Assurance Co.                         ...Appellant
     Versus
Dodhabai Chintaman Birari & Ors.                    ...Respondents

                              *********
Mr. S.S. Dwivedi, Advocate for the Appellant.
Mr. Sourin Saha, Assistant Manager, New India Ass. Co. Ltd.,
Present.

                                   *********

                    CORAM :         KAMAL KHATA, J.,
                                    HEAD OF THE PANEL

                                    Dr. M. S. DESHPANDE,
                                    REGISTRAR (JUDICIAL-II), MEMBER

                                    NITIN C. PAWAR,
                                    COURT RECEIVER, MEMBER

                   DATE     :       14th MARCH 2026.

P.C. :


1.         This matter is listed before National Lok Adalat.

2.         The learned counsel for the Appellant, on instructions, seeks

leave to withdraw the Appeal.
Priyanka                               2/2                   501-fa-1666-2006.doc


3.         Leave to withdraw is granted.

4.         In view of disposal of the Appeal, pending applications, if any,

stand disposed of.

5.         Statutory deposit, if any, be remitted back to the jurisdictional

Tribunal.

6.         Court fees refund, if any, be made as per Rule.




  (NITIN C. PAWAR)    (Dr. M. S. DESHPANDE)             (KAMAL KHATA, J.)
Court Receiver, Member Registrar (Judicial-II)           Head of the Panel
                              Member


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