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Bombay High Court

THE NEW INDIA ASSURANCE CO.LTD.versusSHRI.NAZ MOHAMMAD IMAM ALI KHAN,FATHER OF DECEASED AND ORS.

Decided
Disposal
Disposed off as Withdrawn

Holding

Leave to withdraw the appeal was granted by the Court.

Summary

The New India Assurance Co. Ltd. filed an appeal (First Appeal No.295 of 2019) before the National Lok Adalat of the Bombay High Court against Naz Mohammad Imam Ali Khan, Father of Deceased & Ors. The appellant, through counsel, sought leave to withdraw the appeal. The Court considered the request and, without elaborating on substantive grounds, granted leave to withdraw. Consequently, any statutory deposit made by the appellant was ordered to be remitted to the jurisdictional Tribunal, and any court fees paid were to be refunded as per the applicable rules. The matter was concluded with the withdrawal of the appeal.

Issues considered

  • What is the appropriate procedure for granting leave to withdraw an appeal before the National Lok Adalat?

Subjects

  • appeal withdrawal
  • National Lok Adalat
  • civil appellate jurisdiction
  • statutory deposit
  • court fees refund

Judgment

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BEFORE THE NATIONAL LOK ADALAT
                    CIVIL APPELLATE JURISDICTION

                       FIRST APPEAL NO.295 OF 2019

The New India Assurance Co. Ltd.                    ...Appellant
     Versus
Naz Mohammad Imam Ali Khan, Father of
Deceased & Ors.                                    ...Respondents

                                  WITH
                       FIRST APPEAL NO.306 OF 2019

                             *********
Ms. Poonam Mittal, Advocate for the Appellant.
None for the Respondent.

                                   *********

                    CORAM :         KAMAL KHATA, J.,
                                    HEAD OF THE PANEL

                                    Dr. M. S. DESHPANDE,
                                    REGISTRAR (JUDICIAL-II), MEMBER

                                    NITIN C. PAWAR,
                                    COURT RECEIVER, MEMBER

                   DATE     :       14th MARCH 2026.

P.C. :


1.         This matter is listed before National Lok Adalat.

2.         The learned counsel for the Appellant, on instructions, seeks
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leave to withdraw the Appeal.

3.         Leave to withdraw is granted.

4.         Statutory deposit, if any, be remitted back to the jurisdictional

Tribunal.

5.         Court fees refund, if any, be made as per Rule.



  (NITIN C. PAWAR)    (Dr. M. S. DESHPANDE)             (KAMAL KHATA, J.)
Court Receiver, Member Registrar (Judicial-II)           Head of the Panel
                              Member


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