Bombay High Court

THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., SATARAversusISMAIL AMIR ATTAR AND ORS.

Disposal: Allowed To be withdrawn
Bench: PRAVIN SHESHRAO PATIL NATIONAL LOK ADALAT

Holding

The appeal was allowed to be withdrawn and the appellant was ordered to be refunded the court fee stamps and statutory deposit.

Summary

The Divisional Manager of The New India Assurance Co. Ltd., Satara filed an appeal before the High Court, Kolhapur Bench, but subsequently submitted a withdrawal petition indicating a desire to discontinue the appeal. The Court considered the request and, after due consideration, granted leave to withdraw the appeal. Consequently, the appeal was disposed of as withdrawn. The Court further directed that the appellant be refunded the court fee stamps in accordance with the applicable Rules. Additionally, the statutory deposit made in the Motor Accident Claims Tribunal, Satara, was ordered to be remitted back to the Tribunal.

Issues considered

Whether the appellant is entitled to withdraw the appeal after filing it
Whether the court fee stamps and statutory deposit are refundable upon withdrawal of the appeal

Subjects

withdrawal of appeal
court fee refund
insurance claim
Motor Accident Claims Tribunal
high court procedure

Judgment

                                                     73-FA-88-2021 (C).doc


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

                        FIRST APPEAL NO. 88 OF 2021


The Divisional Manager, The New India
Assurance Co. Ltd., Satara                                   ...Appellant
      Versus
Ismail Amir Attar And Ors.                                   ...Respondents

                                  …..
Adv. Sarjerao Patil a/w Adv. Isha Patil and Adv. Jolly Bhutelo, Advocate
for Appellant
Mr. Abhishek Mane, Administrative Officer of the New India Assurance
Co. Ltd., present.
                                  …..

                                  CORAM :     PRAVIN S. PATIL, J.
                                              (Head of the Panel)
                                              KALPANA S. HORE,
                                              (Retired District Judge)
                                              Member
                                              RAHUL R. PATIL,
                                              (Panel Advocate), Member
                                   DATE :     14th MARCH, 2026.

P.C:

1.         The appellant through his Administrative Officer submitted the

withdrawal pursis, thereby informed that the appellant does not want to

proceed with the present appeal and seeks leave to withdraw the

appeal.

2.         Leave granted.

3.         The appeal stands disposed of as withdrawn.



     ZIP                                                               1 of 2
                                                       73-FA-88-2021 (C).doc


4.         The appellant is entitled to refund of the court fee stamps as per

the Rules and the statutory deposit be remitted back to the concerned

Motor Accident Claims Tribunal, Satara.




 (RAHUL R. PATIL) (KALPANA S. HORE)               (PRAVIN S. PATIL, J.)
  Panel Advocate  Retired District Judge            Head of the Panel
     Member              Member




     ZIP                                                                 2 of 2

Continue reading with your account

Checking your session…