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- Disposed off as Withdrawn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The appeal is disposed of as withdrawn, with orders for statutory deposit transfer and court fee refund.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 The High Court disposed of the appeal as withdrawn, ordered the statutory deposit to be transferred to the Motor Accident Claims Tribunal, Pune with accrued interest, and directed a refund of court fees.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
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