Rutuja Yogesh Pund v. Santosh Rambhau Khedkar

2025:BHC-AUG:33211 923-ca-13157-2025 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13157 OF 2025 IN FA/3257/2025 Rutuja Yogesh Pund

VERSUS

Santosh Rambhau Khedkar ...

Mr. Shaikh Mazhar Abdulhamid, Advocate for Applicant Mr. S. S. Rathi, Advocate for Respondent no.2

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 02nd DECEMBER, 2025 PER COURT :- 1.

This is an application seeking withdrawal of amount deposited in this Court as per the impugned judgment and award. 2.

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

3.

Learned Advocate for the respondent strongly objected the application and submitted that the parents of the deceased person were not dependent upon his income. The sister of the deceased was also not dependent upon him. However, the learned Tribunal has granted huge amount of compensation, which is under challenge in the appeal. He therefore submitted to reject the application. 4.

On perusal of the impugned judgment and award alongwith this application and considering the peculiar set of facts, the application deserves to be partly allowed. Hence, following order:

923-ca-13157-2025 -2ORDER a.

Civil Application is partly allowed.

b.

Claimant/applicant is permitted to withdraw 25% amount out of deposited amount alongwith interest accrued thereon on furnishing usual undertaking and 25% on furnishing surety to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

If the 7/12 Extract, House Assessment Extract or Property Card is submitted, Registry is directed to accept this as surety without insisting on its formal valuation from any authority.

d.

Civil Application stands disposed of.

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