The Oriental Insurance Co.Ltd v. Asha Murlidhar Shirsat And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 5408 OF 2026 IN FAST/19223/2024 WITH CIVIL APPLICATION NO. 9358 OF 2024 IN FAST/19223/2024 WITH CIVIL APPLICATION NO. 9357 OF 2024 IN FAST/19223/2024 ASHA MURLIDHAR SHIRSAT

VERSUS

THE ORIENTAL INSURANCE CO LTD THROUGH IT BRANCH MANAGER ...

Mr. S. S. Dargad, Advocate for Applicant Mr. S. S. Wagh, Advocate for respondent No.1 CORAM : SANJAY A. DESHMUKH, J.

DATED : 7th MAY, 2026 P. C. :- ORDER BELOW CIVIL APPLICATION NO. 5408 OF 2026 1.

This is an application seeking withdrawal of the amount. 2.

Perused the application. Heard learned advocates for both the sides. Learned advocate for respondent No. 1 strongly opposed the application. 3.

Considering the peculiar facts of this case, the application deserves to be allowed partly. The application is thus partly allowed. The applicant is permitted to withdraw 50% amount with accrued interest

thereon, on furnishing usual undertaking.

4.

The Registry is directed to disburse 50% of the deposited amount to the applicants, along with accrued interest thereon. ORDER BELOW CIVIL APPLICATION NO. 9357 OF 2024 5.

The civil application No. 9357 of 2024 is filed for condonation of delay of 34 days caused in filing the first appeal. 6.

Perused the application and heard learned advocates for both sides. Learned advocate for respondent No. 1 strongly opposed the application. Considering the reasons stated in the application, it appears that the delay caused is not deliberate. Therefore, the application is allowed. The delay caused in filing the appeal is condoned in the interest of justice. ORDER BELOW CIVIL APPLICATION NO. 9358 OF 2024 7.

This is an application for seeking granting stay to the execution, operation and implementation of impugned judgment and award. 8.

Perused the application. Heard learned advocates for both sides. Considering the peculiar facts of the case and the grounds stated in the application, stay is granted subject to deposit entire amount of compensation

under award along with interest accrued and costs, within 12 weeks from today. If the amount is not deposited within the aforesaid period, the stay shall stand vacated automatically with further reference to the court. In those terms, civil application for stay is disposed of. 9.

In First Appeal (ST) No. 19223 of 2024, issue notice to the respondents, returnable on 16th July, 2026.

10.

Call R and P.

(SANJAY A. DESHMUKH, J.) ssp