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Bombay High Court

THE NEW INDIA ASSURANCE CO LTDversusTRAVOR JUDE AND ORS

Decided
Disposal
Disposed Off

Holding

Leave to withdraw the appeal was granted, resulting in the disposal of the appeal.

Summary

New India Assurance Co. Ltd. filed an appeal (First Appeal No. 369 of 2012) before the National Lok Adalat of the High Court of Bombay against Mr. Travor Jude and another. The appellant, through counsel Mr. Devendranath S. Joshi and Mr. Pradyumna S. Thakurdesai, sought leave to withdraw the appeal. The court considered the request under the procedural rules governing withdrawal of appeals in Lok Adalat proceedings. No substantive merits of the original dispute were examined, as the matter was purely procedural. The panel, headed by Justice Kamal Khata, granted the leave to withdraw, thereby disposing of the appeal and any pending applications, and ordered the return of any statutory deposit and court fees as applicable.

Issues considered

  • Whether the appellant is entitled to withdraw the appeal before the National Lok Adalat

Subjects

  • appeal withdrawal
  • Lok Adalat
  • civil appellate jurisdiction
  • procedural law
  • court fees refund

Judgment

                                     1/2                     FA-3-369-2012.doc


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

                     FIRST APPEAL NO.369 OF 2012

New India Assurance Co. Ltd.                      ...Appellant
     Versus
Mr. Travor Jude & Anr.                            ...Respondents

                          *********
Mr. Devendranath S. Joshi a/w Mr. Pradyumna S. Thakurdesai,
Advocate for the Appellant.
Mr. Sourin Saha, New India Assurance Co. Ltd. Assistant Manager,
Present.
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.       Not on board. Taken on board.

2.       This matter is listed before National Lok Adalat.

Priyanka
                                  2/2                     FA-3-369-2012.doc


3.    The learned counsel for the Appellant, on instructions, seeks

leave to withdraw the Appeal.

4.    Leave to withdraw is granted.

5.    In view of disposal of the Appeal, pending applications, if any,

stand disposed of.

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

Tribunal.

7.    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




Priyanka


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