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Bombay High CourtCA/9484/2024admittedallowedgrantedrule absolute

New India Assurance Co Ltd Through Its Divisional Manager v. Ramnath Bhaskarrao Ugale And ORS

2025-12-22Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

33 FIRST APPEAL NO. 2113 OF 2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 33 FIRST APPEAL NO. 2113 OF 2024 New India Assurance Co Ltd Through Its Divisional Manager

VERSUS

Ramnath Bhaskarrao Ugale And Ors ...

Mr. Abhijit Choudhary, Advocate for Appellant Mr. Swapnil S. Dargad, Advocate for Respondents and for the applicant in CA No.13938 of 2025 WITH CIVIL APPLICATION NO. 9484 OF 2024 IN FA/2113/2024 WITH CIVIL APPLICATION NO. 13938 OF 2025 IN FA/2113/2024 CORAM : SANJAY A. DESHMUKH, J.

DATE : 22.12.2025 PER COURT :- .

Learned Advocate Mr. Abhijit Choudhary submits that he has instructions to appear on behalf of the appellant. APPLICATION FOR STAY 1.

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

2.

The learned advocate for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.

3.

In view of the above, the application is allowed in terms of prayer clause 'B' and disposed of.

(( 2 ))33 FIRST APPEAL NO. 2113 OF 2024 APPLICATION FOR WITHDRAWAL OF AMOUNT 1.

This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. 2.

Heard learned advocates for both sides.

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 applicant is permitted to withdraw 75% of the amount along with accrued interest thereon deposited in this Court on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

c.

The application is disposed of.

.

List the First Appeal on 09.02.2026.

[ SANJAY A. DESHMUKH, J. ] HRJadhav