Bombay High Court

THE STATE OF MAHARASHTRAversusMR.NARAYAN MARUTI BHAGAT and ORS.

Decided: 25 June 2026
Disposal: Allowed
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is allowed to be withdrawn, with court fees refunded, the bank guarantee discharged, and the original decree amount to be paid to the claimant within twelve weeks.

Summary

The State of Maharashtra appealed a decree awarded to Mr. Narayan Maruti Bhagat, filing the appeal within four times the original amount. The State sought leave to withdraw the appeal under Notifications dated 3 November 2016, 11 May 2018 and 13 August 2018. The Court granted the leave, ordered the appeal to be withdrawn, directed refund of court fees, and ordered the discharge and return of the bank guarantee posted by the original claimant. It further directed that the original decreetal amount, together with interest and statutory benefits, be paid to the claimant within twelve weeks. In a related civil application, the Court allowed the legal heirs of Respondent No.2 to be brought on record, ordered an amendment, dispensed with re‑verification, and disposed of the application.

Issues considered

Whether the appellant can withdraw an appeal after filing, pursuant to the specified notifications
Procedural requirements for withdrawal of an appeal, including refund of court fees and discharge of security
Whether the civil application may be amended to include legal heirs without re‑verification

Subjects

withdrawal of appeal
court fees refund
bank guarantee discharge
decree enforcement
civil application amendment
legal heirs
procedural law

Judgment

rsk                             1                            8-FA-554-2001.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                        FIRST APPEAL NO.554 OF 2001

The State Of Maharashtra                                   ...Appellant
Vs
Mr.Narayan Maruti Bhagat And Ors.                          .…Respondents

                               WITH
                CIVIL APPLICATION NO.3105 OF 2019
Roshan Madhukar Bhagat                          ...Applicant

In the matter between
The State Of Maharashtra                                   ...Appellant
Vs
Mr.Narayan Maruti Bhagat And Ors.                          .…Respondents

__________________________________________________________________


Mr. A. R. Patil, Additional G. P. for the Appellant.
Mr. Jayant Gaikwad for Respondent No.1 in FA and for Applicant in
CAF3105/2019.
__________________________________________________________________

                                    CORAM : JITENDRA JAIN, J.
                                    DATED : 25 JUNE 2026


P. C. :

CIVIL APPLICATION NO.3105 OF 2019
1.        Civil Application is allowed by permitting to bring legal heirs of
respondent No.2 on record. Amendment to be carried out forthwith. Re-
verification is dispensed with. Civil Application is disposed of.

FIRST APPEAL NO.554 OF 2001
2.        The above appeal filed by the State is within four times of the
original amount awarded by SLAO and therefore learned counsel for State
rsk                            2                         8-FA-554-2001.doc


seeks leave of the Court to withdraw pursuant to Notifications dated 3
November 2016, 11 May 2018 and 13 August 2018. Leave as prayed for is
granted.

3.    Appeal is allowed to be withdrawn. Refund of court fees as per rules.
Bank guarantee/Security given by the original claimant for withdrawal of
the amount stands discharged. Same to be returned to the claimant.
Original decreetal amount alongwith interest and statutory benefits to be
paid over to the claimant within 12 weeks.

4.    Appeal is disposed of.

                                                 [ JITENDRA JAIN, J. ]

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