Nirmal Sanjay Fapale And ORS v. The New India Insurance Company Limited And ANR

17 ca.14745.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

17 CIVIL APPLICATION NO. 12211 OF 2025 IN FA/165/2024 NIRMAL SANJAY FAPALE AND ORS

VERSUS

THE NEW INDIA INSURANCE COMPANY LIMITED AND ANR ...

Advocate for Applicants : Mr. Amol Subhash Gandhi. Advocate for Respondent No.1 : Mr. S. S. Rathi. ...

AND CIVIL APPLICATION NO. 14745 OF 2023 IN FA/165/2024 THE NEW INDIA INSURANCE CO LTD CORRECTED AS THE NEW INDIA ASSURANCE CO LTD

VERSUS

NIRMALA SANJAY FAPALE, AND OTHERS ...

Advocate for Applicant : Mr. Swapnil S. Rathi. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

17th November, 2025.

P.C.:

Heard the learned counsel for the parties.

Application for withdrawal of amount:

This application is for withdrawal of the amount deposited by the appellant in this Court as per the impugned judgment and award. The learned counsel for the appellant strongly opposes the application.

17 ca.14745.23.odt Considering the peculiar set of facts in this case, it would be proper to partly allow the application. Hence, the following order is passed :-

O R D E R

I.

The applicants are permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this Court with accrued interest thereon on furnishing usual undertaking. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

II.

On submission of the death certificate of respondent No.4, the share of his amount shall be paid to his legal representatives, who are already on record.

III.

The Registrar (Judicial) of this Court shall consider the same.

IV.

With this, the civil application for withdrawal of amount stands disposed of.

Appeal:

The record and proceedings be called for.

Stand over to 15th December, 2025.

[ SANJAY A. DESHMUKH, J. ] nga