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Bombay High Court

DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION , DIV. OFFICE AT AURANGABADversusAMIT MADHUKAR DANWE AND ANR

Disposal
DISPOSED OFF

Holding

The appeal was withdrawn, and the proceedings were disposed of accordingly.

Summary

The Divisional Controller of Maharashtra State Road Transport Corporation filed a first appeal (No.1794 of 2017) before the National Lok Adalat of the High Court of Bombay, Aurangabad bench, against respondents Amit Madhukar Danwe and another. The appellant’s counsel, Smt. R.D. Reddy, along with the Law Officer, submitted an authority letter and withdrawal pursis indicating the appellant’s desire to withdraw the appeal. The court, acting under Section 19 of the Legal Services Authorities Act, 1987, accepted the withdrawal and disposed of the appeal and any related civil application. The amount deposited with the court was ordered to be released to the claimants as per the earlier apportionment by the M.A.C.T., Aurangabad, without further reference to the court. The court also directed the refund of any court fee paid and instructed the appellant’s counsel to communicate the order to the respondents in writing.

Issues considered

  • Whether an appeal filed before the National Lok Adalat can be withdrawn by the appellant.
  • Effect of withdrawal on the deposited court amount and any court fee.

Legislation cited

Subjects

  • withdrawal of appeal
  • court fee refund
  • Legal Services Authorities Act
  • National Lok Adalat
  • civil procedure

Judgment

2026:BHC-AUG:13443


                                                   1             FA -1794-2017.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     : Divisional Controller
                                 Maharashtra State Road Transport
                                 Corporation

                 Respondents : Amit Madhukar Danwe and another


                 No. of proceeding : FIRST APPEAL NO. 1794 OF 2017

                 Advocate for the Appellant : Smt. R. D. Reddy

                 Name of Hon’ble High Court Judge : Smt. Vaishali Patil - Jadhav

                 Retired Judicial Officer : Shri. S. G. Shete

                 Name of Member : Adv. Avinash R. Borulkar

                                                   AWARD

                          Not on board. On being mentioned, taken on board.


                 1.     The learned advocate for the appellant alongwith the Law Officer

                 of appellant – Maharashtra State Road Transport Corporation, Mr.

                 Avinash Satwaji Vishwas are present alongwith the authority letter and

                 withdrawal pursis which are marked as “X” and “X-1”.


                 2.     In view of the withdrawal pursis, first appeal stands disposed of.


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 Civil Application, if any, stands disposed of.


 3.       In view of the withdrawal of the appeal, the amount which is

 deposited in this Court is permitted to be withdrawn by the claimants

 as per the apportionment made by the M.A.C.T., Aurangabad in

 M.A.C.P. No. 834/2011, without reference to this Court.


 4.       The   learned   advocate       for   the   appellant    undertakes    to

 communicate this order to the respondents/claimants or learned

 counsel for the respondents in writing.


 5.        The parties are informed that the Court fee, if any, paid by any

 of them, shall be refunded.



(Avinash R. BORULKAR) (S. G. SHETE) (VAISHALI PATIL -JADHAV, J.)
     Advocate           D.J. (Retd.)       Head of Panel
     Member              Member


 Date: 14.03.2026


                                     (Seal of the Authority/Committee)

 P.S.B.




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