Branch Manager The New India Assurance Co Ltd v. Ruksana Begum Shaikh Tajoddin And Others

927 CA NO. 9772 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 9772 OF 2025 IN FAST/15911/2024 Ruksana Begum Shaikh Tajoddin And Ors

VERSUS

Branch Manager The New India Assurance Company Ltd ...

Mr. Janardhan Murlidharrao Murkute, Advocate for Applicant Mr. M. M. Ambhore, Advocate for Respondent No.1 WITH CIVIL APPLICATION NO. 6228 OF 2024 IN FAST/15911/2024 Branch Manager The New India Assurance Co Ltd

VERSUS

Ruksana Begum Shaikh Tajoddin And Others ...

Mr. M. M. Ambhore, Advocate for Applicant Mr. J. M. Murkute, Advocate for Respondent Nos.1 to 3 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 20.11.2025 PER COURT :- APPLICATION FOR WITHDRAWAL OF AMOUNT This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. Heard the learned advocates for both sides.

(( 2 )) 927 CA NO. 9772 OF 2025 3.

Learned advocate for the respondent strongly opposed the application.

4.

Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order: ::ORDER::

a.

The application is partly allowed.

b.

The applicants are permitted to withdraw 50% of the amount with accrued interest thereon deposited in this Court on furnishing usual undertaking. Further 25% of the amount with accrued interest thereon is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

APPLICATION FOR DELAY Heard the learned counsel for the parties.

This is an application for condonation of delay of 478 days caused in filing the first appeal.

(( 3 )) 927 CA NO. 9772 OF 2025 3.

The learned counsel for respondent strongly opposed the application and submitted that there is no sufficient reason to condone the delay.

4.

Perused the application. For the reasons stated therein, the application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence the following order:

::ORDER::

a.

Civil Application is allowed and disposed of. b.

The delay of 478 days caused in filing the first appeal is hereby condoned.

FIRST APPEAL Issue notice to the respondents, returnable on 27.01.2026.

Mr. J. M. Murkute, learned Advocate waives service of notice for Respondent Nos.1 to 3.

[ SANJAY A. DESHMUKH, J. ] HRJadhav