Sudakar Babu @ Balu Bandgar v. The Manager Shriram General Insurance Co Ltd Thr Its Branch Manager Authorized Signatory And ANR

2025:BHC-AUG:6024 1 904-CA 2153-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2153 OF 2025 IN FAST/14764/2024 Sudakar Babu @ Balu Bandgar .. Applicant

Versus

The Manager Shriram General Insurance Co. Ltd. Through Its Branch Manager Authorized Signatory And Another .. Respondents Mr. P. S. Chavan, Advocate for the Applicant. Mr. Abhijit G. Choudhari, Advocate for the Respondent No. 1. CORAM :

KISHORE C. SANT, J.

DATED : 28th FEBRUARY, 2025.

P. C. :- .

Heard both the sides.

2.

This civil application is moved for modification of order dated 30.08.2024. This Court had allowed the application permitting the applicant/original claimant to withdraw 50% amount of compensation on furnishing an undertaking. Further 25% amount was permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. 3.

The applicant has again moved this application for modification of order dated 30.08.2024. He submits that, there is no property with the applicant to offer as a security. He thus prays for permitting

2 904-CA 2153-2025.odt withdrawal of 25% of the amount on furnishing an undertaking. 4.

This Court does not find any reason to allow the application permitting the applicant to withdraw further 25% amount merely on undertaking. However, looking to the contents the following order is passed.

ORDER

I.

The order dated 30.08.2024 is modified and be read as : (a) Application is allowed.

(b) Applicant, original claimant, is permitted to withdraw 50% amount of compensation on furnishing undertaking that if appeal is allowed he shall redeposit the amount along with interest within 12 weeks from such judgment in the office of this Court. (c) Further 25% amount is permitted to be withdrawn on furnishing bank guarantee with the learned Registrar (Judicial) of this Court. The bank guarantee be kept alive till disposal of the appeal. (d) Remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

II.

The civil application is thus partly allowed in above terms. ( KISHORE C. SANT, J. ) P.S.B.