Faijan Talef Shaikh v. Sbi General Insurance Co Ltd And ANR

2025:BHC-AUG:33206 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6602 OF 2025 IN FA/893/2025 Faijan Talef Shaikh

VERSUS

SBI General Insurance Co Ltd And Anr ...

Mr. Syed Moisali Amjedali, Advocate for Applicant Mr. S. A. Deshpande, Advocate for Respondent no.1 ...

WITH CIVIL APPLICATION NO. 5241 OF 2025 IN FA/893/2025 SBI General Insurance Co Ltd Through Its Branch Manager, Mahavi Chowk, Aurangabad

VERSUS

Faijan Talef Shaikh And Another

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 02nd DECEMBER, 2025 PER COURT :- CIVIL APPLICATION NO. 6602 OF 2025 1.

This is an application seeking withdrawal of amount deposited by the Insurance Company in this Court as per the impugned judgment and award.

2.

Perused the application. Heard learned Advocates for both the sides.

3.

Learned Advocate for the respondents strongly objected the application and submitted that there is no eye witness to the incident and there is delay caused in lodging the First Information Report.

-24.

These objections can be considered at the time of final hearing of the appeal. However, considering the fact that the judgment and award is in favour of the claimant, the application deserves to be partly allowed in the interest of justice. Hence, the following order:

ORDER

a.

Civil Application is partly allowed.

b.

Applicant is permitted to withdraw 50% amount deposited in this Court alongwith interest accrued thereon on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

Amount be paid to the father of the claimant/applicant i.e. Talep Kada Shaikh.

d.

Civil Application stands disposed of.

CIVIL APPLICATION NO. 5241 OF 2025 1.

This is an application seeking stay to the execution and operation of the impugned judgment and award. 2.

Perused the application. Heard learned Advocates for both the sides.

3.

Learned Advocate for the appellant submitted that the entire amount as per the impugned judgment and award is deposited in this court.

-34.

Considering the above fact, Civil Application deserves to be allowed as prayed and is allowed in terms of prayer clause 'B'. Civil Application stands disposed of.

5.

Leave to amend the First Appeal. Amendment be carried out within one week.

(SANJAY A. DESHMUKH, J.) Rushikesh/2025