Bombay High Court
M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITEDversusSHRI. SHARDA BALKRISHNA PATANKAR AND ANR
- Disposal
- Allowed To be withdrawn
Holding
The appeal is disposed of as withdrawn and the court fee is ordered to be refunded to the appellant.
Summary
The appellant, Bajaj Allianz General Insurance Company Limited, filed a first appeal before the National Lok Adalat Civil Appellate Jurisdiction. Subsequently, the appellant filed a pursis to withdraw the appeal through its authorized officer, which was recorded by the court. The court accepted the withdrawal, disposed of the appeal as withdrawn, and ordered that the court fee paid be refunded to the appellant. It also directed that the statutory amount deposited at the time of filing the appeal be transferred to the concerned MACT. No substantive merits of the original dispute were addressed as the appeal was withdrawn. The decision reflects procedural compliance with withdrawal provisions under the Lok Adalat rules.
Issues considered
- Whether an appeal filed before the National Lok Adalat can be withdrawn by the appellant.
- Whether the court fee paid on filing the appeal is refundable upon withdrawal.
Subjects
- appeal withdrawal
- court fee refund
- National Lok Adalat
- insurance
- procedural law
Judgment
47-FA-1919-2011 (C)=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
BEFORE THE NATIONAL LOK ADALAT
CIVIL APPELLATE JURISDICTION
Digitally FIRST APPEAL NO. 1919 OF 2011
signed by
UDAY
UDAY SHIVAJI
SHIVAJI JAGTAP M/s. Bajaj Allianz General
JAGTAP Date:
2026.03.17 Insurance Company Limited ...Appellant
14:08:19
+0530
Versus
Shri. Sharda Balkrishna Patankar
and Anr. ...Respondents
…..
Mr. Devendranath Joshi (through VC) for the Appellant
None for the Respondents
…..
CORAM : PRAVIN S. PATIL, J.
(Head of the Panel)
KALPANA S. HORE,
(Retired District Judge)
Member
RAHUL R. PATIL,
(Panel Advocate), Member
DATE : 14th MARCH, 2026.
P.C:
1. The appellant has filed pursis withdrawing the First Appeal
through its authorised officer. The same is taken on record and marked
“X” for identification.
2. Appeal stands disposed of as withdrawn.
3. Court fee be refunded to the appellant as per Rules.
Uday J. 1 of 2
47-FA-1919-2011 (C)=.doc
4. The statutory amount deposited by the appellant – Insurance
company at the time of admitting the appeal and amount deposited in
this Court be transferred to the concerned MACT.
(RAHUL R. PATIL) (KALPANA S. HORE) (PRAVIN S. PATIL, J.)
Panel Advocate Retired District Judge Head of the Panel
Member Member
Uday J. 2 of 2
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