← Library
Bombay High CourtCA/1779/2026admittedallowedgrantedrule absolute

Baliram Ukha Bhil And ORS v. Cholamandalam General Insuralce And Company

2026-02-23Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

2026:BHC-AUG:7908 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1779 OF 2026 IN FAST/15489/2025 Baliram Ukha Bhil And Ors

VERSUS

Cholamandalam General Insuralce And Company ...

Adv. Sabahat Hifazatali Kazi, Advocate for Applicants Mr. A. S. Usmanpurkar, Advocate for Respondent no.1 WITH CIVIL APPLICATION NO. 6510 OF 2025 IN FAST/15489/2025 WITH CIVIL APPLICATION NO. 6511 OF 2025 IN FAST/15489/2025

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 23RD FEBRUARY, 2026 PER COURT :- CIVIL APPLICATION NO. 6510 OF 2025 1.

This is an application for condonation of delay of 31 days caused in filing the First Appeal.

2.

Perused the application. Heard learned Advocates for both the sides.

3.

Considering the reasons stated in the application and the days of delay, the delay deserves to be condoned in the interest of justice. Hence, the following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 31 days caused in filing the First Appeal is condoned.

c.

Civil Application is disposed of.

-2CIVIL APPLICATION NO. 6511 OF 2025 1.

This is an application granting stay to the execution and operation of the impugned judgment and award. 2.

Perused the application. Heard learned Advocates for both the sides.

3.

Learned Advocate for the appellant/Insurance Company made a statement that the entire amount under impugned judgment and award is deposited in this Court and prayed to allow the present application.

4.

Considering the above statement, the application deserves to be allowed and the same is allowed and disposed of. CIVIL APPLICATION NO. 1779 OF 2026 1.

This is an application for permission to withdraw the amount deposited by the appellant in this Court as per the impugned judgment and award.

2.

Perused the application. Heard learned Advocates for both the sides.

3.

Learned Advocate Mr. A. S. Usmanpurkar, for respondent strongly opposed the application and submitted that there is an issue of risk of deceased was not covered under the policy. He therefore submitted to reject the application.

4.

Upon perusal of the application and impugned judgment,

-3this Court is of the view that application deserves to be allowed partly. Hence, the following order:

ORDER

a.

Civil Application is partly allowed.

b.

Applicants are permitted to withdraw the 50% amount out of the deposited amount in this Court alongwith interest accrued thereon on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

Civil Application is disposed of.

(SANJAY A. DESHMUKH, J.) Rushikesh/2026