Bombay High Court

ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusANNASAHEB PUNJAJI DETHE AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is disposed of as withdrawn, and any court fee paid is to be refunded.

Summary

The appellant, ICICI Lombard General Insurance Company Ltd., filed a letter of authority to withdraw its appeal in the First Appeal No. 4016 of 2016 before the National Lok Adalat of the High Court, Aurangabad. The appellant asserted that the award amount, along with accrued interest, had already been deposited with the Court Registry pursuant to an award of the M.A.C.T. Shrirampur in MACP No. 242/2013, and that the claimants were entitled to withdraw the same without further reference to the Court. The respondents, represented by Mr. P.J. Sagale, were present but did not contest the withdrawal. The Court, after noting the withdrawal request, disposed of the appeal as withdrawn and ordered any court fee paid to be refunded. The decision underscores that an appeal may be withdrawn at the appellant’s discretion, and procedural fees are refundable upon such withdrawal.

Issues considered

Whether an appeal pending before the National Lok Adalat can be withdrawn by the appellant after filing.
Whether any court fee paid in the proceedings is refundable upon withdrawal of the appeal.

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

withdrawal of appeal
insurance claim
court fee refund
Legal Services Authorities Act
National Lok Adalat
interest on award

Judgment

2026:BHC-AUG:13433
(1)
4016.2016FA.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 : ICICI Lomard General Insurance Company Ltd.,

Respondents : Annasaheb Punjaji Dethe and others

No. of proceedings : FIRST APPEAL NO. 4016 OF 2016

Advocate for Appellant : Mr. Rohit Dahat
Advocate for respondents : Mr. P.J. Sagale h/f Mr. R.R. Karpe

Name of Hon’ble High Court Judge: 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.

2. Learned Advocate Mr. Rohit Dhat for the appellant -
insurance company is present and filed the letter of authority to withdraw
appeal, which is marked as "X". Learned Advocate Mr. P.J. Sagale h/f Mr.
R.R. Karpe is present for the claimant.
3. In view of withdrawal pursis, appeal is disposed of as
withdrawn. Civil Application, if any, stands disposed of.
4. Learned Advocate for the appellant submitted that the
amount is already deposited with the Registry of this Court as per the
award passed by M.A.C.T. Shrirampur in M.A.C.P. No.242/2013. The
claimants are entitled to withdraw same along with interest accrued
thereon without reference to this Court as per the order of apportionment
passed by the M.A.C.P., Shrirampur.
(2)
4016.2016FA.odt
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)
MEMBER DISTRICT JUDGE HEAD OF THE PANEL
(RETIRED)

Date: 14.03.2026

sga/ (Seal of the Authority/Committee)

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