Magma Hdi General Insurance Co Ltd v. Anita Wd/O Badrinath Mogal And ORS

2025:BHC-AUG:31888 ca12101.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 12101 OF 2025 IN FAST/25236/2025 Anita Badrinath Mogal And Others

VERSUS

Amol Govind Kolge And Another ...

Advocate for Applicant : Mr. Syed Moisali Amjedali, Advocate for Respondent No.2 : Mr. Rohit H. Dahat ...

WITH CIVIL APPLICATION NO. 10161 OF 2025 IN FAST/25236/2025 WITH CIVIL APPLICATION NO. 10162 OF 2025 IN FAST/25236/2025 Magma Hdi General Insurance Co Ltd

VERSUS

Anita Wd/o Badrinath Mogal And Ors ...

Advocate for Applicant : Mr. Dahat Rohit Haribhau Advocate for Respondents : Mr. Syed Moisali Amjedali, .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 19th NOVEMBER 2025 PER COURT :- 1.

Civil application No. 12101 of 2025 is filed for withdrawal of the amount deposited as per the judgment and award passed by the Tribunal.

2.

Considering the peculiar set of facts, the application is allowed. The applicants are permitted to withdraw the 50% of the

ca12101.25 -2amount deposited in this Court, in proportionate, with interest accrued thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

3.

In so far as civil application No. 10162 of 2025 is concerned, the same is filed seeking stay to the impugned judgment and award passed by the Tribunal.

4.

Perused the application. Heard learned advocates for both sides. Learned advocate for the applicant in the said application submits that entire amount under judgment and award is deposited in this Court. In view of the same, this civil application is allowed in terms of prayer clause "B" and disposed of.

5.

The civil application No. 10161 of 2025 is filed for condonation of delay of 26 days caused in filing the first appeal. 6.

Perused the application and heard learned advocates for both sides. Considering the reasons stated in the application, it appears that the delay caused is not deliberate or intentional. Therefore, the application is allowed. The delay caused in filing the appeal is condoned in the interest of justice.

(SANJAY A. DESHMUKH, J.) rlj/