Eknath S/O Shankar Parsane v. Divisional Manager New India Assurance Company Ltd And ORS

15 FA NO. 821 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 15 FIRST APPEAL NO. 821 OF 2025 The Divisional Manager New India Assurance Company Ltd

VERSUS

Eknath Shankar Parsane And Others ...

Mr. Bodade Shrikrishna Ramji, Advocate for Appellant Mr. Naik Sarvesh Jaipal, Advocate for respondent No.3 Mr. G. P. Ghule, Advocate for respondent No.1 WITH CIVIL APPLICATION NO. 3231 OF 2025 IN FA/821/2025 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 04.03.2026 PER COURT :- CIVIL APPLICATION NO. 3231 OF 2025 IN FA/821/2025 1.

This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. 2.

Heard.

3.

Learned advocate for respondent No.1-Insurance Company strongly opposed the application. He submitted that the alleged offending vehicle has been falsely implicated in the present case. He contended that the disability certificate was obtained after a lapse of three years which creates serious doubt

(( 2 )) 15 FA NO. 821 OF 2025 about its authenticity. He therefore prayed to reject the application. 4.

Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order: ::ORDER::

a.

The application is partly allowed.

b.

The applicant is 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.

c.

The application is disposed of.

.

List the appeal on 24.06.2026.

[ SANJAY A. DESHMUKH, J. ] HRJadhav