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Bombay High Court

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.versusFARJANA ADAM PATHAN AND OTHERS

Disposal
DISPOSED OFF

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



          Shrikant Malani                                                       Page 1 of 2
                                                                         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


Shrikant Malani                                                              Page 2 of 2


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