Created by Fuzzy Cloud

Bombay High Court

ORIENTAL INSURANCE CO. LTD.versusSADASHIV GANPAT SAWANT and ANR.

Decided
Disposal
Disposed off as Withdrawn

Holding

The appeal is disposed of as withdrawn, with orders for statutory deposit transfer and court fee refund.

Summary

Oriental Insurance Co. Ltd. filed an appeal (First Appeal No. 1821 of 2006) against Shri Sadashiv Ganpat Sawant and others. No counsel appeared for the insurer initially, and the court adjourned the matter to 25th August 2026. Subsequently, Advocate Mr. Saumen Vidyarthi appeared, claimed he was not admitted to practice before the court, and on instruction withdrew the appeal. The High Court disposed of the appeal as withdrawn, ordered the statutory deposit to be transferred to the Motor Accident Claims Tribunal, Pune with accrued interest, and directed a refund of court fees. All pending applications in the matter were also dismissed.

Issues considered

  • What procedural steps are required for withdrawal of an appeal before the High Court?
  • Whether the court can order transfer of statutory deposit and refund of court fees upon withdrawal of the appeal.

Subjects

  • appeal withdrawal
  • procedural law
  • insurance claim
  • statutory deposit
  • Motor Accident Claims Tribunal
  • court fee refund

Judgment

                         8-FA-1821-2006+CAF-1021-2005+CAF-361-2003+CAF-2178-2005-IN-FA-1821-2006.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                        FIRST APPEAL NO.1821 OF 2006
                                                   WITH
SATISH                                CIVIL APPLICATION NO.361 OF 2003
RAMCHANDRA
SANGAR

Digitally signed by
SATISH RAMCHANDRA
SANGAR
                      Oriental Insurance Co. Ltd.                           ...Appellant/Applicant
Date: 2026.08.18
10:04:07 +0530
                             V/s.
                      Shri Sadashiv Ganpat Sawant and Anr.                        ...Respondents
                      ===================================================
                                                    WITH
                                      CIVIL APPLICATION NO.1021 OF 2005
                                                      IN
                                         FIRST APPEAL NO.1821 OF 2006

                      Shri Sadashiv Ganpat Sawant                                 ...Applicant

                      In the matter between:-

                      Oriental Insurance Co. Ltd.                                 ...Appellant
                             V/s.
                      Shri Sadashiv Ganpat Sawant and Anr.                        ...Respondents
                      ===================================================
                                                    WITH
                                      CIVIL APPLICATION NO.2178 OF 2005
                                                      IN
                                         FIRST APPEAL NO.1821 OF 2006

                      Shri. Sadashiv Ganpat Sawant                                ...Applicant

                             V/s.
                      Shri. Eknath T. Shelke and Anr.                             ...Respondents

                      ===================================================

                      Satish Sangar                                                                    1/2
     8-FA-1821-2006+CAF-1021-2005+CAF-361-2003+CAF-2178-2005-IN-FA-1821-2006.doc



Mr.Saumen Vidyarthi (Later on):- Advocate for Appellant/Applicant
                                 Insurance Company.
Mr.Santosh     Kurade      a/w Advocates for Respondent No.1.
Ms.Rachna Harpale i/b. Mr.Nitin
P. Deshpande:-
Ms.Smita Mhatre i/b. Mr.N.V. Advocate for Respondent No.2.
Vechalekar:-

====================================================
                             CORAM        :      S. M. MODAK, J.
                             DATE         :      17th AUGUST 2026
P. C. :-

1.      No one is present on behalf of the Insurance Company.

2.      Keep it on 25th August 2026 for dismissal.

Later on:-

3.      Learned Advocate Shri.Vidyarthi appeared and submitted that he

was not admitted in V.C. On the basis of instructions, he withdraws the

Appeal. The Appeal is disposed of as withdrawn.

4.      The statutory deposit be transferred to the Motor Accident

Claims Tribunal, Pune along with the accrued interest. Refund of

Court Fee as per the Rules.

5.      Pending Applications also stand disposed of.



                                          [S. M. MODAK, J.]




Satish Sangar                                                                      2/2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.