Bombay High Court

BHARTI AXA GENERAL INSURANCE CO. LTD., THR ITS MANAGER, NAGPURversusAFSANA SALEEM SHAIKH AND ORS

Disposal: DISPOSED OFF

Holding

The appeal is disposed of as withdrawn, with court fees refundable and the deposited amount recoverable with interest.

Summary

Bharti AXA General Insurance Co. Ltd., as appellant, filed a first appeal against a decree. During the hearing, counsel for the appellant sought leave to withdraw the appeal. The Court, after considering the request, allowed the withdrawal and ordered that the appeal stand disposed of as withdrawn. It directed that the court fees paid be refunded in accordance with law. Additionally, the amount deposited by the appellant was ordered to be returned to the original claimant with accrued interest. No substantive merits of the original dispute were addressed.

Issues considered

Whether a first appeal may be withdrawn after filing
Effect of withdrawal on court fees and deposited amounts

Subjects

withdrawal of appeal
court fees
interest
civil procedure

Judgment

                                                      12 FA1991.2021
                                 -1-

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

              12 FIRST APPEAL NO. 1991 OF 2021
    BHARTI AXA GENERAL INSURANCE CO. LTD., THR ITS
                     MANAGER, NAGPUR
                             VERSUS
              AFSANA SALEEM SHAIKH AND ORS
                                 ...
Advocate for Appellant : Mr. S. S. Patil
Advocate for Respondent No.1 : Mr.A. R. Syed h/f. Mr. P. C.
Mayure
                                 ...

                            CORAM : SACHIN S. DESHMUKH, J.
                               Date : 07.09.2026

PER COURT :-

1.           Mr. S. S. Patil, learned counsel for the Appellant, on

instructions, seeks leave to withdraw the First Appeal.


2.           Accordingly, the First Appeal stands disposed of as

withdrawn. The court fees shall be refunded in accordance with

law.


3.           Amount deposited by the Appellant is permitted to be

withdrawn by the original claimant along with accrued interest.




                                       (SACHIN S. DESHMUKH, J.)
marathe

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