Branch Manager, The New India Insurance Corrected As Assurance Company Ltd v. Yogesh Vinayak Jagtap And ANR

2025:BHC-AUG:34202 44-ca-13470-2025 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13470 OF 2025 IN FA/1747/2025 Yogesh Vinayak Jagtap And Anr

VERSUS

Keshav Bajirao Cholake ...

Mr. Shaikh Sohail Yusuf Jahagirdar, Advocate for Applicants Mr. Abhijit Choudhari, Advocate for Respondent no.2 WITH CIVIL APPLICATION NO. 7121 OF 2025 IN FA/1747/2025

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 08th DECEMBER, 2025 PER COURT :- CIVIL APPLICATION NO. 13470 OF 2025 1.

This is an application for withdrawal of amount deposited in this Court under impugned judgment and award. 2.

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

3.

Learned Advocate Mr. Abhijit Choudhari appearing for respondent no.2 strongly opposed the application and submitted that there is delay of 36 days caused in lodging the First Information Report, therefore, the case of the claimant is doubtful. He submitted to reject the application.

4.

Considering the peculiar set of the facts, application deserves to be partly allowed. Hence, the following order:

44-ca-13470-2025 -2ORDER a.

Civil Application is partly allowed.

b.

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

c.

Civil Application stands disposed of.

CIVIL APPLICATION NO. 7121 OF 2025 1.

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

Learned Advocate for the appellant submitted that the appellant has deposited the entire amount under impugned judgment and award.

3.

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

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