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Bombay High CourtCA/13828/2025admittedallowedgrantedrule absolute

Sunil So Dattashetti Tuptewar v. Icici Lombard General Insurance Company Ltd Through Branch Manager

2025-12-16Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

932 CA NO. 9187 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 9187 OF 2025 IN FA/2178/2025 Icici Lombad General Insurance Company Ltd Through Its Branch Manager

VERSUS

Sunil Dattashetti Tuptewar And Anr ...

Mr. Deshmukh Mohit Rameshrao, Advocate for Applicant Mr. S. G. Rudrawar and Mr. S. Y Mahajan, Advocates for Respondent No.1 WITH CIVIL APPLICATION NO. 13828 OF 2025 IN FA/2178/2025 Sunil So Dattashetti Tuptewar

VERSUS

Icici Lombard General Insurance Company Ltd Through Branch Manager ...

Mr. Suresh Gangadharrao Rudrawar and Mr. S. Y Mahajan, Advocate for the applicant Mr. Deshmukh Mohit Rameshrao, Advocate for Respondent No.1 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 16.12.2025 PER COURT :- CIVIL APPLICATION NO. 9187 OF 2025 IN FA/2178/2025 1.

This is an application seeking stay to the execution of the impugned judgment and award.

(( 2 )) 932 CA NO. 9187 OF 2025 2.

The learned advocate for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.

3.

In view of the above, the application is allowed in terms of prayer clause 'B' and disposed of.

CIVIL APPLICATION NO. 13828 OF 2025 IN FA/2178/2025 1.

This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. 2.

Heard.

3.

Learned advocate for respondent No.1 strongly opposed the application.

4.

Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order: ::ORDER::

a.

The application is partly allowed.

b.

The applicant is permitted to withdraw 75% of the amount

(( 3 )) 932 CA NO. 9187 OF 2025 with accrued interest thereon deposited in this Court on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

c.

The application is disposed of.

[ SANJAY A. DESHMUKH, J. ] HRJadhav