Kishor Eknath Raut v. Reliance General Insurance Co Ltd
912 ca.207.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
912 CIVIL APPLICATION NO. 207 OF 2026 IN FA/1749/2025 KISHOR EKNATH RAUT
VERSUS
RELIANCE GENERAL INSURANCE CO. LTD.
...
Advocate for Applicant : Mr. Ravindra Vitthal Gore. Advocate for Respondent / Appellant : Mr. Aniruddha S. Usmanpurkar. ...
CORAM :
SANJAY A. DESHMUKH, J.
DATE :
09th January, 2026.
P.C.:
This application is for withdrawal of the amount deposited by the appellant in this Court as per the impugned judgment and award. Perused the application. Heard the learned counsel for the parties.
The learned counsel for the appellant / insurance company strongly opposes the application and submits that the accident involved three vehicles, however, the liability has been imposed upon the vehicle, which was insured with the appellant. He further submits that, if the amount is permitted to be withdrawn, then the appellant / insurance company would suffer prejudice.
Perused the application and the impugned judgment.
912 ca.207.26.odt For the reasons stated in the application and considering the peculiar set of facts of this case as well as the arguments of both the sides, the following order is passed :-
O R D E R
I.
The application is partly allowed.
II.
The applicant is permitted to withdraw 25% of the amount with accrued interest thereon deposited in this Court on furnishing usual undertaking. Further 25% of the amount with accrued interest thereon is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court. III.
The Registry is directed to not to insist for the actual valuation of the property of the surety.
IV.
The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal. Appeal:
Issue notice to the respondents, returnable on 6th March, 2026. Mr. R. V. Gore, learned counsel waives notice on behalf of respondent No.1.
[ SANJAY A. DESHMUKH, J. ] nga