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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The appeal was disposed of as withdrawn, and the appellant entitled to a refund of court fees with interest.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 The court granted permission for the withdrawal, disposed of the appeal as withdrawn, and directed that the claimants may recover the amount with accrued interest from the court registry or the appropriate tribunal.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 No substantive merits of the dispute were addressed as the appeal was withdrawn.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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