The New India Assurance Co. Ltd. T/H Its Branch Manager, Nanded v. Smt Satwashilabai Narayan Jadhav And Others

2026:BHC-AUG:20507 918.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

918 CIVIL APPLICATION NO. 863 OF 2026 IN FAST/37154/2025 THE NEW INDIA ASSURANCE CO. LTD. T/H ITS BRANCH MANAGER, NANDED

VERSUS

SMT SATWASHILABAI NARAYAN JADHAV AND OTHERS ...

Advocate for Applicant : Mr. Swapnil Satyanarayan Rathi. Advocate for Respondent Nos.1 to 5 : Mr. U. B. Bilolikar. ...

WITH CIVIL APPLICATION NO. 4883 OF 2026 IN FAST/37154/2025 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

05th May, 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 60 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.

Appeal :

Issue notice to the respondents, returnable on 7th July, 2026. Mr. Bilolikar, learned counsel waives notice on behalf of respondent Nos.1 to 5.

918.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 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, 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