Bombay High Court
NEW INDIA ASSURANCE CO.LTD.versusMOHAN JAGARDEV YADAVAND OTHRS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The appeal is withdrawn and disposed of, with the tribunal directed to disburse the amount, transfer the statutory deposit with interest, and refund court fees.
Summary
New India Assurance Co. Ltd. filed an appeal against Modar Jagardev Yadav and others in the Bombay High Court. The appellant’s counsel, Mr. Devendranath S. Joshi, moved the court to withdraw the appeal. The court considered whether a pending appeal could be withdrawn and what orders should follow such withdrawal. It held that the appeal could be withdrawn and consequently disposed of. The court directed the tribunal to disburse the amount due to the claimants, to transfer the statutory deposit with interest to the tribunal, and to refund the court fees as per the rules.
Issues considered
- Whether an appeal pending before the High Court can be withdrawn by the appellant
- Consequences of withdrawal of an appeal, including directions to the tribunal and refund of court fees
Subjects
- withdrawal of appeal
- civil appellate jurisdiction
- insurance claim
- tribunal direction
- court fees refund
- statutory deposit
Judgment
LSP 1 908 fa 555.09.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
First Appeal No. 555 of 2009
New India Assurance Co. Ltd. … Appellant
v/s.
Modar Jagardev Yadav and others … Respondents
Mr. Devendranath S. Joshi Advocate for the Appellant.
Ms. Ketki Gokhale i/b.Avinash Advocate for the Respondents.
M. Gokhale
CORAM : S.M. MODAK, J
Digitally
signed by
LATA SUNIL
DATE : 19th August 2026.
LATA PANJWANI
SUNIL
PANJWANI Date:
2026.08.20
18:15:31
+0530
P.C. :
1. On the basis of instructions received, it is submitted by learned
Advocate Joshi that he wants to withdraw the appeal. The Appeal is
disposed of as withdrawn.
2. The Tribunal is directed to disburse the amount to the
claimants, if not already given.
3. Statutory deposit alongwith interest be transferred to the
Tribunal. Refund the Court fees as per the Rules.
(S.M. MODAK, J.)
Checking your session…