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The appeal was withdrawn on account of settlement, and the appellant was entitled to a refund of court fees and transfer of the statutory deposit.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 The Court disposed of the appeal as withdrawn, dismissed pending interim applications, and ordered a refund of court fees to the appellant.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- Whether an appeal can be withdrawn after settlement of the dispute before the executing court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2) Accordingly, the First Appeal is disposed of as withdrawn.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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