Bombay High Court
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.versusFARJANA ADAM PATHAN AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed of by withdrawal in accordance with the petition and the conditions stipulated by the Lok Adalat.
Summary
The appellant, Bajaj Allianz General Insurance Company Ltd., filed a first appeal before the National Lok Adalat of the Bombay High Court, Aurangabad Bench, against respondents Farzana Adam Pathan and others. The insurance company subsequently tendered a withdrawal petition, seeking to withdraw the appeal after having deposited the principal amount with the Commissioner for Employees Compensation and Judge, Labour Court at Dharashiv. The Lok Adalat accepted the withdrawal, directing the insurer to deposit interest within eight weeks and allowing the respondents to withdraw any amount held by the Commissioner. Upon payment of the interest, the respondents would be entitled to retrieve the deposited sum. The court ordered the appeal to be disposed of by withdrawal, directed the issuance of a refund certificate, and ordered any court fees to be refunded.
Issues considered
- What is the procedure and effect of withdrawing an appeal before a Lok Adalat under the Legal Services Authorities Act, 1987?
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- insurance claim
- Legal Services Authorities Act
- interest deposit
- court fee refund
Judgment
2026:BHC-AUG:21594
FA.1940.2015.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 : Bajaj Allianz General Insurance Company Ltd.
Respondents: Farzana Adam Pathan and Others
No. of proceedings : FIRST APPEAL NO. 1940 OF 2015
Advocate for Appellant : Mr. Mohit R. Deshmukh.
Name of Hon’ble High Court Judge: AJIT B. KADETHANKAR, J.
Retired Judicial Officer : Shri. Kishor R. Choudhari
Name of Member : Adv. A. R. Borulkar
AWARD
1. The dispute between the parties having been referred for
determination to the Lok Adalat.
2. Not on board. Taken on board.
3. The Appellant – Insurance Company tendered a withdrawal
pursis before the Lok Adalat. The Appellant – Insurance Company intends
to withdraw the Appeal. The principal amount has been deposited by the
Appellant – Insurance Company before the Commissioner for Employees
Compensation and Judge, Labour Court at Dharashiv. The Appellant –
Insurance Company is ready to deposit amount of interest within eight (08)
weeks from today. Hence, the Appeal is disposed of in terms of withdrawal
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FA.1940.2015.odt
pursis.
4. The withdrawal pursis is taken on record and marked as “X” for
the purpose of identification.
5. The amount of interest shall be deposited before the
Commissioner for Employees Compensation and Judge, Labour Court at
Dharashiv, within eight (08) weeks from today. The Respondents are
permitted to withdraw the amount, if any, lying before the Commissioner for
Employees Compensation and Judge, Labour Court at Dharashiv.
6. After depositing the amount of interest with the Appellant –
Insurance Company, by the Appellant – Insurance Company, the
Respondents – Claimants are entitled to withdraw the same.
7. The proceeding stands disposed of.
8. C. F. refund certificate be issued as per the Rules.
9. Civil Applications, if any, also stand disposed of.
10. The Registry shall intimate the withdrawal of this Appeal to the
Commissioner for Employees Compensation and Judge, Labour Court at
Dharashiv.
11. The parties are informed that the Court fee, if any, paid by any
of them, shall be refunded.
(A.R. Borulkar) (Kishor R. Choudhari) (AJIT B. KADETHANKAR, J.)
Advocate, District Judge (Retired) Head of the Panel
Member Member
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