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Bombay High Court

DIVISIONAL OFFICEER, BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.versusANURAG MILIND SHELKE

Decided
Disposal
Disposed Off

Holding

The appeal was withdrawn on account of settlement, and the appellant was entitled to a refund of court fees and transfer of the statutory deposit.

Summary

Bajaj Allianz General Insurance Company Ltd. filed a first appeal against Anurag Milind Shelke & Ors. The parties subsequently settled the dispute before the executing court. The appellant, through counsel Sarthak S. Diwan, moved the High Court seeking withdrawal of the appeal. The Court disposed of the appeal as withdrawn, dismissed pending interim applications, and ordered a refund of court fees to the appellant. Additionally, the statutory deposit made by the appellant was directed to be transferred to the Motor Accident Claim Tribunal, Nashik, with permission to file a withdrawal application for the same.

Issues considered

  • Whether an appeal can be withdrawn after settlement of the dispute before the executing court
  • Entitlement to refund of court fees upon withdrawal of an appeal
  • Procedure for transfer of statutory deposit after withdrawal of appeal

Subjects

  • withdrawal of appeal
  • settlement
  • court fees 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

                                        CIVIL APPELLATE JURISDICTION
MAYEKAR Date:
        2026.09.16
        18:50:56
        +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

                           VS

                     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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