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Bombay High CourtCA/10146/2025admittedallowedgrantedrule absolute

Iqbal Minyasaab Daruwale v. United India Insurance Company Limited Through The Divisional Manager And ANR

2025-12-23Hon'Ble Shri Justice Sanjay A. Deshmukh1 pages

2025:BHC-AUG:37314 ca10146.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 10146 OF 2025 IN FA/2736/2025 Iqbal Minyasaab Daruwale

VERSUS

United India Insurance Company Limited Through The Divisional Manager and another ...

Advocate for Applicant : Mr. Prasanna S Chavan Advocate for Respondent No.1 : Mr. S.S. Rathi .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 23rd DECEMBER 2025 PER COURT :- 1.

This is an application seeking withdrawal of the amount. Perused the application. Heard learned advocates for both the sides. Learned advocate for the respondent No.1 strongly opposed the application and submitted that there was delay of 09 months for lodging the report. There is conflicting evidence as to whether the applicant was driving the motorcycle or was a pillion rider. He submitted to reject the application.

2.

Considering the peculiar facts of this case, the application deserves to be allowed partly. The application is thus partly allowed. The applicants are permitted to withdraw 50% amount with accrued interest thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

(SANJAY A. DESHMUKH, J.) rlj/