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Bombay High Court

SHRIRAM GENERAL INSURANCE COMPANY LTD. THR ITS DIVISIONAL MANAGERversusMADHAV BALAJI LAMDADE AND ORS

Disposal
DISPOSED OFF

Holding

The appeal was withdrawn and disposed of as such, with court fees to be refunded and the deposited amount to be paid to the respondents.

Summary

Shriram General Insurance Co. filed a first appeal (No. 1771/2020) against Madhav Balaji Lamdade and others. The insurance company's counsel submitted written instructions (Exhibit X) to withdraw the appeal. The High Court, after considering the withdrawal, disposed of the appeal as withdrawn. The court directed that the court fee refund be processed as per law and ordered the amount deposited by the insurer, with any accrued interest, to be paid to the respondents. The matter was concluded on 14 March 2026.

Issues considered

  • Whether an appeal can be withdrawn after filing
  • Entitlement to refund of court fees upon withdrawal
  • Disposition of the amount deposited by the appellant after withdrawal

Legislation cited

Subjects

  • withdrawal of appeal
  • court fee refund
  • insurance claim
  • procedural law
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:13200
                                                     (1)
                                                                       FA No. 1771-2020.odt
                     BEFORE THE NATIONAL LOK ADALAT HELD AT HIGH COURT OF
                                           BOMBAY
                                     BENCH AT AURANGABAD

                      Organized by High Court Legal Services Sub-Committee,
                Aurangabad under section 19, of the Legal Services Authorities Act,
                1987 (Central Act)

                Appellant : SHRIRAM GENERAL INSURANCE CO. LTD.
                            THROUGH ITS MANAGER, AURANGABAD

                Respondents : MADHAV BALAJI LAMDADE AND OTHERS

                No. of proceedings FIRST APPEAL No. 1771/2020

                Present :-

                Name of Hon’ble High Court Judge: SHRI SHAILESH P. BRAHME

                Retired Judicial Officer: Shri. Kishor R. Chaudhari

                Name of Member : Adv. Yogita S. Thorat (Kshirsagar)

                                                  AWARD

                1.      Not on board. Taken on board, at the request of counsel for the

                Insurance Company.

                2.      Learned Advocate Mr. Abhijit G. Choudhari appearing for the

                appellant/ Insurance Company tenders on record pursis along with

                written instructions of his client for withdrawing the appeal. Those are

                marked as Exhibit ‘X’ for identification.

                3.      In view of the pursis Exhibit ‘X’, the First Appeal stands disposed

                of as withdrawn.

                4.      The request of refund of Court fees shall be processed by the

                office in accordance with law.
                                 (2)
                                                 FA No. 1771-2020.odt
5.    In view of the withdrawal of the appeal, the amount deposited

by the Insurance Company with accrued interest if any, shall be

disbursed to the respondents/claimants.



YOGITA S. THORAT KISHOR R. CHOUDHARI SHAILESH P. BRAHME. J
     MEMBER         Rtd. DISTRICT JUDGE    HEAD OF THE PANEL


 Date: 14.03.2026


                                (Seal of the Authority/Committee)
Ykulkarni/


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