National Insurance Co Ltd Through Its Authorized Officer,Aurangabad v. Aarti Dipak Virkar And ORS

2025:BHC-AUG:32664 923-ca-13007-2025 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13007 OF 2025 IN FA/2097/2025 Aarti Dipak Virkar

VERSUS

National Insurance Company Ltd Its Authorize Officer ...

Mr. C. V. Bodkhe h/f Mr. G. T. Kharate, Advocate for Applicant Mr. A. S. Usmanpurkar, Advocate for Respondent no.1 WITH CIVIL APPLICATION NO. 8672 OF 2025 IN FA/2097/2025

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 26th NOVEMBER, 2025 PER COURT :- CIVIL APPLICATION NO. 13007 OF 2025 1.

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

2.

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

3.

Learned Advocate Mr. A. S. Usmanpurkar for the respondent no.1 strongly objected the application stating that there is delay of 14 days caused in lodging the F.I.R. He also disputed the involvement of of vehicle and prayed to reject the application. 4.

On perusal of the application, particularly impugned judgment & award, this Court is of the view that application for withdrawal of amount shall be allowed in the interest of justice. Hence, following order:

923-ca-13007-2025 -2ORDER a.

Civil Application is partly allowed.

b.

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

Civil Application stands disposed of.

CIVIL APPLICATION NO. 8672 OF 2025 1.

This is an application seeking stay to 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 appellant has deposited the entire award amount under impugned judgment and award. Hence, following order:

ORDER

a.

Civil Application is allowed in terms of prayer clause 'B'. FIRST APPEAL NO.2097 OF 2025 1.

Call Record and Proceedings.

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