The New India Insurance Corrected Assurance Co Ltd v. Raju Alias Rajendra Ganpat Kate And ORS

2026:BHC-AUG:10273 26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

26 CIVIL APPLICATION NO. 1865 OF 2026 IN FAST/39588/2023 RAJU ALIAS RAJENDRA GANPAT KATE

VERSUS

BHAUSAHEB S/O RAOSAHEB KARAD AND OTHERS ...

Advocate for Applicant : Ms. Savita Parmeshwar Kakade. Advocate for Respondent No.2 : Mr. Dhananjay P. Deshmukh. ...

WITH CIVIL APPLICATION NO. 1219 OF 2024 IN FAST/39588/2023 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

09th March, 2026.

P.C.:

Heard the learned counsel for the parties. Perused the applications.

Application for condonation of delay:

This is an application for condonation of delay of 129 days caused in filing the first appeal.

For the reasons stated in the application, the delay stands condoned. The application stands allowed in the interest of justice. Appeal be registered.

26.odt Application for withdrawal of amount:

This application is for withdrawal of the amount deposited by the appellant in this Court as per the impugned judgment and award. The learned counsel for the respondent No.2 strongly opposes the application.

For the reasons stated in the application and considering the arguments of both the sides, the following order is passed :-

O R D E R

I.

The applicants are permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this Court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

II.

With this, the civil application for withdrawal of amount stands disposed of.

[ SANJAY A. DESHMUKH, J. ] nga