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Bombay High Court

THE ORIENTAL INSURANCE COMPANY LTD.versusSMT SEEMA SANTOSH KARULKAR, AND ANR.

Decided
Disposal
Disposed Off

Holding

The appeal is disposed of as withdrawn and the balance deposit with interest is to be returned to the respondent.

Summary

The Oriental Insurance Company Ltd. filed an appeal against a decision involving Smt. Seema Santosh Karulkar and another respondent. The appellant's counsel sought and was granted leave to withdraw the appeal. Consequently, the appeal was disposed of as withdrawn. The court ordered that the balance amount, including accrued interest, deposited with the Tribunal be returned to the respondent/claimant. It further directed that the statutory deposit be remitted back to the jurisdictional Tribunal, court fees be refunded, and the award be drawn accordingly. All pending applications, if any, were also disposed of.

Issues considered

  • Whether the appellant is entitled to withdraw the appeal at this stage
  • Whether the balance amount deposited with the Tribunal, together with interest, should be returned to the respondent

Subjects

  • appeal withdrawal
  • insurance claim
  • statutory deposit
  • court fees
  • remission of deposit
  • civil procedure

Judgment

                                                                                             54-FA 2300-11.DOC


 JYOTI
 RAJESH                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 MANE                                     CIVIL APPELLATE JURISDICTION
Digitally signed by
JYOTI RAJESH
MANE
Date: 2026.05.18
11:19:42 +0530                           BEFORE THE NATIONAL LOK ADALAT

                                                FIRST APPEAL NO.2300 OF 2011

                      The Oriental Insurance
                      Company Ltd.                                          ...Appellant
                            Versus
                      Smt Seema Santosh Karulkar And Anr.                   ...Respondents
                                                          _______
                      Mr. G.S.Shridhar i/b. Mr. S.S.Dwivedi, for Appellant.
                      Mr. Rohan S. Darandale i/b. Mr. Pankaj J.Das, for Respondent/Claimant.
                                                           _______

                                                   CORAM:        AARTI SATHE, J.
                                                                 (HEAD OF PANEL)

                                                                 G.P. DESHMUKH
                                                                 (OSD AT CPC)

                                                                 G.G. BHALCHANDRA,
                                                                 (OSD, e - HCR/BDLR)


                                                   DATE:         09 MAY 2026

                      P.C.

                      1.         Mr. Shridhar, representative/Advocate on behalf of the Appellant-

                      Company, is present in Court and seeks leave to withdraw the Appeal. Leave

                      granted. The Appeal is accordingly disposed of as withdrawn.

                      2.     The balance amount deposited with the Tribunal, along with accrued

                      interest, is permitted to be withdrawn by the Respondent/Claimant.

                      3.     In view of the disposal of the Appeal, pending application(s), if any, shall

                      also stand disposed of.



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                                                                    54-FA 2300-11.DOC




4.      Statutory deposit be remitted back to the jurisdictional Tribunal.

5.      Court fees be refunded as per rules.

6.      Award be drawn accordingly.




(G.G. BHALCHANDRA),         (G.P. DESHMUKH)            (AARTI SATHE, J.)
(OSD, e – HCR/BDLR)           (OSD AT CPC)             (HEAD OF PANEL)




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