Bombay High Court
RELIANCE GENERAL INSURANCE CO. LTD.versusNOOR MOHAMMED HUSAIN SHAIKH AND ANR.
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The appeal is withdrawn and disposed of, with the appellant entitled to a refund of court fees and the statutory deposit to be transferred to the Motor Accident Claims Tribunal.
Summary
Reliance General Insurance Co. Ltd. filed a first appeal against a decision involving Noor Mohammed Husain Shaikh and another. The appellant, through counsel Khushi Awasthi and Kalpana Trivedi, sought the court's permission to withdraw the appeal. The High Court granted the withdrawal, disposing of the appeal as withdrawn. The court ordered the return of court fees to the appellant and directed that the statutory deposit be transferred to the Motor Accident Claims Tribunal, allowing the appellant to apply for its withdrawal. All pending applications in the matter were also disposed of.
Issues considered
- Whether a first appeal may be withdrawn with the court's permission
- Whether the appellant is entitled to a refund of court fees upon withdrawal
- Disposition of the statutory deposit after withdrawal of the appeal
Subjects
- appeal withdrawal
- court fees refund
- statutory deposit
- Motor Accident Claims Tribunal
- insurance litigation
Judgment
KVM
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929 - FA 303 OF 2022.doc
Digitally
signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.10.06
19:44:46
+0530
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 303/2022
RELIANCE GENERAL INSURANCE CO. LTD. ….. APPELLANT
VS
NOOR MOHAMMED HUSAIN SHAIKH & ANR. ….. RESPONDENTS
Adv. Khushi Awasthi h/f. Adv. Kalpana Trivedi for the Appellant.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 6TH OCTOBER, 2026
P.C. :-
1) Learned advocate Ms. Khushi Awasthi, holding for
advocate Ms.Kalpana Trivedi for the appellant on instructions seeks
permission to withdraw the instant First Appeal.
2) Accordingly the First Appeal is disposed of as withdrawn.
3) The appellant is entitled for return of the Court fees, as
per rules.
4) The amount of statutory deposit be transferred to the
Motor Accident Claims Tribunal and the appellant is entitled to apply
for withdrawal of the said amount.
5) Pending applications are disposed of.
[PRAFULLA S. KHUBALKAR, J.]
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