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Bombay High Court

MR. SAGAR BABASO AVCHITEversusSMT. SUNITA SANTOSH SHINDE AND ANR.

Decided
Disposal
Allowed To be withdrawn

Holding

The appeal is disposed of because the dispute has been fully settled before the Motor Accident Claims Tribunal.

Summary

The appellant, Mr. Sagar Babaso Avchite, filed an appeal against the respondents, Smt. Sunita Santosh Shinde and another, concerning a motor accident claim. The matter had already been settled before the Motor Accident Claims Tribunal (MACT), Pune, in MACT Darkhast No.147/2019, with an order dated 21 July 2023 confirming that the decree-holder had received the full amount due. The appellant submitted the MACT order as Exhibit X to demonstrate that the dispute was resolved. The Court examined the submission and found that the settlement rendered the appeal moot. Consequently, the Court disposed of the appeal and ordered a refund of court fees in accordance with the applicable rules.

Issues considered

  • What is the effect of a prior settlement and MACT order on the pending appeal in the High Court?

Subjects

  • settlement
  • Motor Accident Claims Tribunal
  • appeal disposal
  • court fees refund
  • civil procedure

Judgment

                                                              1-FA-282-20.doc




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CIVIL APPELLATE JURISDICTION

                 FIRST APPEAL NO.282 OF 2020

Mr. Sagar Babaso Avchite                             ...Appellant
            Vs.
Smt. Sunita Santosh Shinde
And Anr.                                             ...Respondents

                                 *****
Mr. Ravindra S. Pachundkar          - Advocate for the Appellant.
Mr. Akshay A. i/b. Mr. Pandit - Advocate for the Respondents.
Kasar

                                 *****
                  CORAM :           S. M. MODAK, J.

                  DATE       :     7th OCTOBER 2026

P. C. :-

1.     Heard Mr. Pachundkar, learned advocate for the Appellant and

Mr. Akshay A. learned advocate for the Respondent/Claimants. It is

submitted that the matter is settled before the Motor Accident Claims

Tribunal, Pune in MACT Darkhast No.147/2019. Copy of the order

passed by the same Court on 21st July 2023 along with the pursis

informing the Executing Court that the decree-holder has received the

entire amount, is taken on record and marked Exhibit X.



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2.    In view of that appeal is disposed of. Refund of Court Fees as per

the Rules.


                                        [S. M. MODAK, J.]




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