Bombay High Court

DIVISIONAL OFFICER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.versusANURAG MILIND SHELKE AND ORS.

Decided: 16 September 2026
Disposal: Disposed off as Withdrawn

Holding

The court held that a settled dispute permits the appellant to withdraw the appeal, leading to its disposal as withdrawn, with entitlement to court fee refund and transfer of the statutory deposit as ordered.

Summary

Bajaj Allianz General Insurance Company Ltd. filed a first appeal against Anurag Milind Shelke & Ors. The appellant informed the court that the parties had settled the dispute before the executing court and sought to withdraw the appeal. The court accepted the request and disposed of the appeal as withdrawn, also dismissing any pending interim applications. It ordered a refund of court fees to the appellant in accordance with the rules. Additionally, the statutory deposit made by the appellant was directed to be transferred to the Motor Accident Claim Tribunal, Nashik, and the appellant was permitted to file an application for withdrawal of that deposit.

Issues considered

Whether an appeal can be withdrawn after the parties have settled the dispute before the executing court
Whether the appellant is entitled to a refund of court fees upon withdrawal of the appeal
Whether the statutory deposit can be transferred to the Motor Accident Claim Tribunal and the appellant permitted to withdraw it

Subjects

appeal withdrawal
settlement
court fee refund
statutory deposit
Motor Accident Claim Tribunal

Judgment

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Digitally
signed by
KANCHAN
KANCHAN VINOD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VINOD MAYEKAR
MAYEKAR Date:
2026.09.16
18:50:56
CIVIL APPELLATE JURISDICTION
+0530

FIRST APPEAL NO. 871/2026
ALONGWITH
INTERIM APPLICATION NO. 5173/2026
IN
FIRST APPEAL NO. 871/2026

DIVISIONAL OFFICER,
BAJAJ ALLIANZ GENERAL INSURANCE
COMPANY LTD. ….. APPELLANT/
APPLICANT

ANURAG MILIND SHELKE & ORS. ….. RESPONDENTS

Adv. Sarthak S. Diwan for the Appellant/Applicant.

CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 16TH SEPTEMBER, 2026

P.C. :-

1) Learned counsel for the appellant submits that the parties

have settled the controversy before the executing court and therefore

the appellant wants to withdraw the instant appeal.

2) Accordingly, the First Appeal is disposed of as withdrawn.

3) Pending Interim Applications are also disposed of.

4) In view of this, the appellant is entitled for refund of

court fees as per rules.
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5) The amount of statutory deposit deposited by the

appellant be transferred to the Motor Accident Claim Tribunal, Nashik

and the appellant is permitted to file application for withdrawal of the

same.

[PRAFULLA S. KHUBALKAR, J.]

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