Balkishan Sukhdev Umbarkar v. Nitin Balu Shelke And ANR

25 fa.3137.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

25 FIRST APPEAL NO. 3137 OF 2024 THE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED

VERSUS

BALKISAN SUKHDEO UMBARKAR AND ANOTHER ...

Advocate for Appellant : Mr. Abhijit G. Choudhari. Advocate for Respondent No.1 : Mr. Shaikh Sohail Yusuf. ...

WITH CIVIL APPLICATION NO. 3004 OF 2024 IN FA/3137/2024 WITH CIVIL APPLICATION NO. 10119 OF 2024 IN FA/3137/2024 BALKISHAN SUKHDEV UMBARKAR

VERSUS

NITIN BALU SHELKE AND ANR ...

Advocate for Applicant : Mr. Shaikh Sohail Yusuf Advocate for Respondent No.2 : Mr. A. G. Choudhari. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

06th April, 2026.

P.C.:

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

Application for stay:

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

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

25 fa.3137.24.odt In view of the above, there shall be stay to the impugned judgment and award till the pendency of the appeal. The application stands disposed of.

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 appellant 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 and proportionate costs awarded by the Tribunal, 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