Bombay High Court

NEW INDIA INSURANCE COMPANYversusMR. MOHAN NATHU KADAV AND ORS.

Decided: 9 May 2026
Disposal: Disposed Off
Bench: AARTI A SATHE NATIONAL LOK ADALAT

Holding

The court granted permission to withdraw the appeal, ordered the return of the statutory deposit, and directed refund of any court fee.

Summary

Manish Sureshrao Thatte filed an appeal against The New India Assurance Company. The appellant's counsel sought to withdraw the appeal, presenting an email from the insurer's legal officer authorizing the withdrawal. The court examined the request and, noting the insurer’s instruction, granted permission to withdraw the appeal. It ordered that the statutory deposit made with the tribunal be returned to the jurisdictional tribunal and any court fee be refunded as per the rules. Consequently, the appeal was disposed of as withdrawn and all pending applications were also dismissed.

Issues considered

Whether the court may grant permission to withdraw a pending appeal
Whether the statutory deposit made with the tribunal should be returned upon withdrawal
Whether any court fee paid should be refunded

Subjects

appeal withdrawal
statutory deposit
court fee refund
insurance litigation
High Court of Bombay

Judgment

                                                        1 of 1             505-FA-573-18-16.DOC



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BEFORE THE NATIONAL LOK ADALAT
                                           CIVIL APPELLATE JURISDICTION

                                            FIRST APPEAL NO. 573 OF 2018
MANISH
SURESHRAO
THATTE                The New India Assurance
Digitally signed by   Company                                                      ...Appellant
MANISH
SURESHRAO                  Versus
THATTE
Date: 2026.05.18
11:17:25 +0530
                      Mr. Mohan Nathu Kadav and
                      Ors.                                                       ...Respondents

                                                        WITH
                                         CIVIL APPLICATION NO. 2980 OF 2019
                                                         IN
                                            FIRST APPEAL NO. 573 OF 2018
                                                        WITH
                                        INTERIM APPLICATION NO. 670 OF 2019
                                                         IN
                                            FIRST APPEAL NO. 573 OF 2018
                                                        _____

                      Adv. Poonam Mittal for the Appellant.
                      Adv. T. Kale i/by Sanjay Ghaisas for Respondent Nos. 1 and 2.
                                                        _______
                                                 CORAM :      AARTI SATHE, J.
                                                             (HEAD OF THE PANEL)

                                                             G.P. DESHMUKH
                                                             (OSD AT CPC)

                                                             G.G.BHALCHANDRA
                                                             (OSD, e-HCR/BDLR)

                                                 DATE    :       9th May 2026

                      P.C.
                      1.          Adv. Poonam Mittal appears on behalf of the Appellant. Adv. T.

                      Kale for the Respondent.




                      Rushikesh
                                    2 of 1           505-FA-573-18-16.DOC



2.          Learned counsel for the appellant seeks to withdraw the

aforesaid appeal. She has also placed on record an E-mail dated 8 th May

2026 received from the Administrative Officer (Legal) of the Insurance

Company, instructing her to withdraw the aforesaid appeal. The E-mail

dated 8th May 2026 is taken on record. The amount deposited with the

Tribunal is allowed to be withdrawn by the respondents/claimants.

3.          Permission for withdrawal of the first appeal, as prayed, is

granted.

4.          Hence, the first appeal stands disposed of as withdrawn,

5.          The statutory deposit be remitted back to the jurisdiction

Tribunal.

6.          Court fee, if any, be refunded as per rule.

7.          In view of disposal of the first appeal, pending applications, if

any, stand disposed of.




(G.G.BHALCHANDRA) (G.P.DESHMUKH)                    (AARTI SATHE, J.)

(OSD, e-HCR/BDLR)          (OSD AT CPC)           (HEAD OF THE PANEL)




Rushikesh

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