Bombay High Court

RELIANCE GENERAL INSURANCE COMPANY LIMITED, MUMBAIversusRESHMA TANAJI LOHAKARE AND ANR.

Decided: 10 July 2026
Disposal: Allowed To be withdrawn
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is disposed of as withdrawn, and the claimants are entitled to the decretal amount with interest.

Summary

The appellant, Reliance General Insurance Company, filed a first appeal seeking to withdraw the proceedings. The appellant’s counsel applied for leave of the court to withdraw the appeal, and the court granted the request. The court ordered a refund of court fees and directed that the statutory deposit be transferred to the concerned tribunal, allowing the parties to apply for a refund. The court further held that the claimants are entitled to the decretal amount with interest, directing the insurance company to deposit the amount within eight weeks. Consequently, the appeal was disposed of as withdrawn and the interim application was also dismissed.

Issues considered

Whether the appellant is entitled to permission to withdraw the appeal after filing.
Whether the claimants are entitled to the decretal amount with interest.
Whether the statutory deposit should be transferred to the concerned tribunal.

Subjects

withdrawal of appeal
insurance claim
decretal amount
interest
statutory deposit
court fees

Judgment

  2026:BHC-AS:28243
                             Sayyed                                                          903-FA.633.2021.doc


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                   FIRST APPEAL NO.633 OF 2021
                                                              WITH
                                               INTERIM APPLICATION NO.9249 OF 2024

                             Reliance General Insurance
                             Company Limited, Mumbai                             ...Appellant/Applicant
                                   Versus
                             Reshma Tanaji Lohakare & Anr.                       ...Respondents
                                      _____________________________________________________
                             Mr. Devidas G. Bhoir i/by Mr. Pandit Kasar for the Appellant/Applicant.
                             None for the Respondents.
                                   _____________________________________________________

                                                             CORAM :       JITENDRA JAIN, J.
                                                             DATE :        10 JULY 2026
                             P.C.:
                             1.         Mr. Bhoir, learned counsel for the appellant-insurance company,
                             on instructions from the client, seeks leave of the Court to withdraw the
                             present appeal.

                             2.         Leave as sought for is accepted.

                             3.         Refund of Court fees as per Rules.

                             4.         Statutory deposit be transferred to the concerned Tribunal and
                             the parties are at liberty to make an application for refund.

                             5.         The claimants are entitled to the decretal amount alongwith
                             interest. If the amount is not deposited by the insurance company, then
                             same to be deposited within eight weeks from today.

                             6.         Appeal is disposed of as withdrawn. Consequently, interim
                             application, if any, does not survive and is disposed of.


                                                                           [ JITENDRA JAIN, J. ]

Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 10/07/2026 15:37:21                                        1 of 1

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