Bombay High Court

M.S.R.T.C., THR ITS DIV. CONTROLLER, AURANGABADversusKALPANA GOPAL GADILOHAR CHAVHAN AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal was withdrawn and consequently disposed of, with the deposited amount to be released to the claimants and court fees refunded.

Summary

The Divisional Controller of Maharashtra State Road Transport Corporation filed a first appeal (No. 2728 of 2018) against Kalpana Gopal Gadilohar Chavhan and others. The appellant’s counsel, together with the corporation’s law officer, submitted a withdrawal pursis, indicating the appeal was being withdrawn. The High Court, noting the withdrawal, disposed of the appeal and any pending civil applications. It ordered that the amount deposited in the court be released to the claimants as per the tribunal’s apportionment and that any court fees paid be refunded. The appellant’s counsel was directed to communicate the order to the respondents in writing.

Issues considered

Does the filing of a withdrawal pursis automatically lead to the disposal of the appeal?
What is the effect of the withdrawal on pending civil applications?
Is the amount deposited with the court to be released to the claimants upon withdrawal?
Should court fees paid be refunded upon withdrawal of the appeal?

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

withdrawal of appeal
civil applications
court fee refund
tribunal award
legal services authority

Judgment

2026:BHC-AUG:13442


                                                   1            FA 2728-2018.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     : The Divisional Controller,
                                 Maharashtra State Road Transport
                                 Corporation

                 Respondents : Kalpana Gopal Gadilohar Chavhan and others


                 No. of proceeding : FIRST APPEAL NO. 2728 OF 2018

                 Advocate for the Appellant : Smt. R. D. Reddy
                 Advocate for Respondent Nos. 1 & 2 : Mr. P. C. Mayure,

                 Name of Hon’ble High Court Judge : Smt. Vaishali Patil - Jadhav

                 Retired Judicial Officer : Shri. S. G. Shete

                 Name of Member : Adv. Avinash R. Borulkar

                                                   AWARD

                          Not on board. On being mentioned, taken on board.


                 1.     The learned advocate for the appellant alongwith the Law Officer

                 of appellant – Maharashtra State Road Transport Corporation,

                 Mr. Avinash Satwaji Vishwas are present alongwith the authority letter

                 and withdrawal pursis which are marked as “X” and “X-1”.


                 2.     In view of the withdrawal pursis, first appeal is disposed of.


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                                   2              FA 2728-2018.odt

 Pending civil applications, if any, stand disposed of.

 3.       In view of the withdrawal of the appeal, the amount which is

 deposited in this Court is permitted to be withdrawn by the claimants

 as per the apportionment made by the Tribunal.


 4.       The learned advocate for       the appellants undertakes to

 communicate this order to the respondents/claimants or learned

 counsel for the respondents in writing.


 5.        The parties are informed that the Court fee, if any, paid by any

 of them, shall be refunded.



(Avinash R. BORULKAR) (S. G. SHETE) (VAISHALI PATIL -JADHAV, J.)
     Advocate           D.J. (Retd.)       Head of Panel
     Member              Member


  Date: 14.03.2026

                                    (Seal of the Authority/Committee)
 P.S.B.




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