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Bombay High CourtCA/11978/2025admittedallowedgrantedrule absolute

Vimalbai Nimba Girase And ORS v. Icici Lombard General Insurance Coltd

2025-11-07Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:31167 917-ca-11978-2025 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11978 OF 2025 IN FA/947/2025 Vimalbai Nimba Girase And Ors

VERSUS

Icici Lombard General Insurance Coltd ...

Mr. P. C. Mayure, Advocate for Applicants Mr. R. H. Dahat, Advocate for Respondent no.1

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 07th NOVEMBER, 2025 PER COURT :- 1.

This is an application for withdrawal of amount under impugned judgment and award deposited by the appellant/ Insurance Company in this Court alongwith interest accrued thereon. 2.

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

3.

Learned Advocate for the respondent no.1 strongly objected the application and prayed to reject the same. 4.

On perusal of the impugned judgment and award, and considering the law laid down by the Hon'ble Supreme Court in catena of the judgments, it would be proper to partly allow this application. Hence, following order:

917-ca-11978-2025 -2ORDER a.

Civil Application is partly allowed.

b.

Applicants are permitted to withdraw the 50 percent amount alongwith interest accrued thereon, deposited by the appellant in this Court, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

FIRST APPEAL NO.947 OF 2025 1.

Place the matter before ensuing Lok Adalat i.e. on 13.12.2025, at the behest of the parties.

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