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Bombay High Court

NEW INDIA ASSURANCE CO. LTD.versusNAINA RAJEN SANGHAVI AND OTHRS

Decided
Disposal
Disposed off as Withdrawn

Holding

The appeal is disposed of as withdrawn.

Summary

New India Assurance Co. Ltd filed an appeal in the Bombay High Court. During the proceedings the appellant, through its counsel, instructed the Court that it wished to withdraw the appeal. The Court entertained the request and ordered the appeal to be disposed of as withdrawn. It directed that the statutory deposit with interest be transferred to the Tribunal and that the court fees be refunded in accordance with the Rules. The judgment further permitted the appellant to withdraw any remaining amount with interest and directed that the record and proceedings be transferred on a priority basis within four weeks.

Issues considered

  • Whether the appellant may withdraw the appeal at the stage of the proceedings

Subjects

  • appeal withdrawal
  • civil procedure
  • insurance
  • statutory deposit
  • court fees

Judgment

                                                                                       20 Fa-598-2008.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                           FIRST APPEAL NO. 598 OF 2008

                       New India Assurance Co. Ltd                           ...Appellant

                                  Vs.

                       Naina Rajen Sanghavi And Others                       ...Respondents

                                                          *****
                               Mr. Sandeep S. Jinsiwale   Advocate for the Appellant
                               Mr. T. J. Mendon           Advocate for the Respondent
                                                          No. 1

                                                          *****
                                            CORAM :          S. M. MODAK, J.

                                            DATE     :       25th AUGUST 2026

                       P. C. :-

                       1.       On the basis of the instructions received from the Appellant-

                       Insurance Company, learned Advocate for the Appellant submitted

                       that they want to withdraw the appeal.

                       2.       Appeal is disposed of as withdrawn.

                       3.       Statutory deposit alongwith interest be transferred to the

                       Tribunal.

                       4.       Refund the Court fees as per the Rules.
          Digitally
          signed by
          SEEMA
SEEMA     KSHITIJ
KSHITIJ   YELKAR
YELKAR    Date:
          2026.08.27
          13:07:55
          +0530
                       Seema                                                                        1/2
                                                              20 Fa-598-2008.doc




5.      Appellant is at liberty to withdraw the remaining amount

alongwith interest, if they have not already withdrawn.

6.      Record and proceedings be transferred on a priority basis in any

eventuality, within a period of four weeks from today. The Registrar

(Judicial-I) to look into this aspect.



                                         [S. M. MODAK, J.]




Seema                                                                      2/2


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