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Bombay High CourtCA/13070/2025admittedallowedgrantedrule absolute

Nishadevi Vijaykumar Agrawal And Others v. Icici Lomabard General Insurance Company Limited

2025-11-27Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:32731 ca13070.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 13070 OF 2025 IN FA/2177/2025 Nishadevi Vijaykumar Agrawal And Others

VERSUS

ICICI Lomabard General Insurance Company Limited ...

Advocate for Applicant : Mr. Pramod C. Mayure Advocate for Respondents : Mr. Mohit R. Deshmukh ...

WITH CIVIL APPLICATION NO. 9186 OF 2025 IN/WITH FA/2177/2025 ICICI Lombad General Insurance Company Ltd Through Its Branch Manager

VERSUS

Nishadevi Vijaykumar Agrawal And Others ...

Advocate for Applicant : Mr. Mohit R. Deshmukh Advocate for Respondents : Mr. Pramod C. Mayure .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 27th NOVEMBER 2025 PER COURT :- 1.

Civil application No. 13070 of 2025 is filed for withdrawal of the amount deposited as per the impugned judgment and award passed by the Tribunal. Perused the application. Heard learned advocates for both sides. Learned advocate for the respondents strongly opposed the application. However, considering the reasons stated in the application and the facts and circumstances of the case,

ca13070.25 -2the applicants are permitted to withdraw 75% amount out of the deposited amount with accrued interest thereon. 50% amount shall be withdrawn on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court and 25% on furnishing solvent surety/security.

2.

In so far as civil application No. 9186 of 2025 is concerned, the same is filed seeking stay to the impugned judgment and award passed by the Tribunal. Learned advocate for the applicant submits that entire amount under award has been deposited in this Court. In view of the same, civil application is allowed in terms of prayer clause "B" and disposed of.

3.

In first appeal, call for record and proceedings. Stand over to 22.01.2026.

(SANJAY A. DESHMUKH, J.) rlj/