Bombay High Court

NEW INDIA ASSURANCE COMPANY LTD., AURANGABADversusRAGHUNATH SITARAM PARUNDEKAR AND OTHERS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is disposed of as withdrawn and the deposited amount is to be released to the claimants per the award.

Summary

The appellant, New India Assurance Company Ltd., filed a withdrawal pursis indicating its desire to withdraw the first appeal (No. 492 of 2013) and to accept the award passed by the M.A.C.T., Aurangabad. The appellant asserted that the award amount, deposited in the High Court, should be released to the claimants with accrued interest as per the award terms. The court considered the withdrawal request and the appellant’s acceptance of the award. Accordingly, the court ordered that the appeal be disposed of as withdrawn and that any pending civil applications be dismissed. The court also directed that any court fees paid be refunded and that the order be communicated to the respondents.

Issues considered

Whether the appellant may withdraw the appeal after accepting the award
Whether the amount deposited in the court can be released to the claimants in accordance with the award

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

withdrawal of appeal
award enforcement
Legal Services Authorities Act
court fee refund
civil application disposal

Judgment

2026:BHC-AUG:13435


                                                   1            FA 492-2013.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     : New India Assurance Company Ltd.,
                                 Aurangabad Through its Divisional Manager

                 Respondents : Raghunath s/o Sitaram Parundekar and others

                 No. of proceeding : FIRST APPEAL NO. 492 OF 2013

                 Advocate for the Appellant : Mr. A. S. Usmanpurkar

                 Name of Hon’ble High Court Judge : Smt. 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.

                 1.     The learned advocate for the appellant alongwith the authorized

                 signatory of appellant Mr. Dinesh Shankar Bankar is present with

                 authority letter cum withdrawal pursis which is marked as X”.


                 2.     By filing withdrawal pursis, the learned advocate for the

                 appellant submits that the appellant wants to withdraw the appeal and

                 the appellant has accepted the award passed by the M.A.C.T.,


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                                     2               FA 492-2013.odt

 Aurangabad bearing M.A.C.P. No. 41/2008.

 3.       The learned counsel for the appellant submits that, as per the

 order of M.A.C.T., Aurangabad, the amount has been deposited in this

 Court. The claimants be permitted to withdraw the same.

 4.       The amount which is deposited in this Court be released to the

 claimants as per the terms of award with accrued interest without any

 reference to this Court.

 5.       In view of withdrawal pursis, the first appeal stands disposed of

 as withdrawn.

 6.       Pending civil applications, if any, stand disposed of.

 7.       The   learned    counsel    for   the   appellant     undertakes   to

 communicate this order to the respondents/claimants or learned

 counsel for the respondents in writing.


 8.         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, J.)
     Advocate           D.J. (Retd.)       Head of Panel
     Member              Member

 Date: 14.03.2026

                                      (Seal of the Authority/Committee)
 P.S.B.




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