Bombay High Court

THE NEW INDIA ASSURANCE CO.LTD. THROUGH ITS BRANCH MANAGER,versusSMT. VANDANA ASHOK DHANAWADE AND ORS.

Disposal: Disposed Off
Bench: M M SATHAYE

Holding

The appeal is disposed of as withdrawn, and the statutory deposit is to be transferred to the Motor Accident Claim Tribunal with interest, while court fees are to be refunded.

Summary

The New India Assurance Co. Ltd. filed a first appeal (No. 525 of 2021) before the Bombay High Court, Kolhapur Bench, challenging a decision. During the proceedings, the appellant submitted a withdrawal petition, which the court recorded and marked for identification. The court accepted the withdrawal request and ordered the appeal to be disposed of as withdrawn. It directed that the statutory amount of Rs. 25,000 deposited by the appellant be transferred to the Motor Accident Claim Tribunal, Kolhapur, with any accrued interest. Additionally, the court instructed the office to refund the court fees in accordance with the applicable rules.

Issues considered

The appellant's request to withdraw the first appeal
Procedural consequences of withdrawing an appeal, including disposition of deposited statutory amount and court fees

Subjects

withdrawal of appeal
civil procedure
insurance claim
court fees
statutory deposit

Judgment

901-FA-525-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO. 525 OF 2021

The New India Assurance Co. Ltd. Through Its Branch … Appellant
Manager
Versus
Smt. Vandana Ashok Dhanawade And Ors. … Respondents
***
Adv. Nisha Joshi for the Appellant.
None for the Respondents.
***
CORAM : M. M. SATHAYE, J.
DATE : 18th March, 2026.

P. C. :

1. Learned Counsel for the Appellant-Insurance Company submits a
withdrawal pursis which is taken on record and marked ‘X’ for identification.
2. In view of the request for withdrawal, the First Appeal is disposed of as
withdrawn.
3. Statutory amount of Rs. 25,000/- deposited by Appellant-Insurance
Company in this Court/Registry be sent to the Motor Accident Claim
Tribunal, Kolhapur with accrued interest, if any.
4. Office is directed to refund Court fees as per Rules.

[ M. M. SATHAYE, J. ]

Digitally
signed by
TALLE
TALLE SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
2026.03.18
17:33:13
+0530
Shubham 1

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