Bombay High Court
THE NATIONAL INSURANCE CO.LTD.versusDEEPA @ DEEPALI DILIP GAWAS AND OTHRS
- Disposal
- Disposed Off
Holding
The appeal was disposed of as withdrawn, and the appellant entitled to a refund of court fees with interest.
Summary
The National Insurance Co. Ltd., the appellant, informed the court that it no longer wished to pursue the appeal filed against Deepa @ Deepali Dilip Gawas and others. The court granted permission for the withdrawal, disposed of the appeal as withdrawn, and directed that the claimants may recover the amount with accrued interest from the court registry or the appropriate tribunal. The insurer was ordered to be refunded the court fees and statutory amount with interest as per the Rules. Any pending interim applications were to be disposed of. No substantive merits of the dispute were addressed as the appeal was withdrawn.
Issues considered
- Whether an appellant may withdraw a pending appeal in the High Court.
- Consequences of withdrawal regarding refund of court fees and interest.
Subjects
- appeal withdrawal
- court fees refund
- interest
- insurance
- civil appellate jurisdiction
Judgment
4-FA-233-2008 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
BEFORE THE NATIONAL LOK ADALAT
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 233 OF 2008
The National Insurance Co.ltd.
...Appellant
Versus
Deepa @ Deepali Dilip Gawas And Othrs
...Respondents
…..
Mr. Atharva R.B. i/b Ms Poonam Mital, Advocate for Appellant
…..
WITH
CIVIL APPLICATION IN FA NO. 1478 OF 2014INFIRST APPEAL NO. 233
OF 2008
Deepa @ Deepali Dilip Gawas (orig Resp In Fa) And Othrs
...Applicant
Versus
The National Insurance Co.ltd.through The Divisional Manager,national
Insurance Co. Ltd.
...Respondents
…..
Mr. Atharva R.B. i/b Ms Poonam Mital, Advocate for Appellant
…..
CORAM : PRAVIN S. PATIL, J.
(Head of the Panel)
ANNASAHEB N. PATIL,
(Retired District Judge)
Member
REKHA DATTATRAY
MUSALE,
(Panel Advocate), Member
DATE : 9th MAY, 2026.
R.S. Sahare 1 of 2
4-FA-233-2008 (C).doc
P.C:
1. Learned counsel appearing for the appellant, on instructions,
makes a statement that he does not want to prosecute the present
appeal.
2. Accordingly permission is granted as prayed. Appeal stands
disposed of as withdrawn.
3. The respondent-claimants are entitled to withdraw the amount
along with accrued interest with the Registry of this Court or before the
concerned Tribunal.
4. The appellant-Insurance Company would be entitled for refund of
the Court fees and statutory amount along with accrued interest as per
Rules.
5. Pending Interim Applications, if any, shall be disposed of.
( REKHA D. MUSALE)(ANNASAHEB N. PATIL) (PRAVIN S. PATIL, J.)
Panel Advocate Retired District Judge Head of the Panel
Member Member
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.05.15
17:19:34
+0530
R.S. Sahare 2 of 2
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