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Bombay High CourtCA/3643/2025admittedallowedgrantedrule absolute

Jalindar Hausrao Bhagat v. Cholamandlam Insurance Com And ORS

2026-05-04Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

37 CA NO. 3643 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 37 CIVIL APPLICATION NO. 3643 OF 2025 IN FA/771/2025 Jalindar Hausrao Bhagat

VERSUS

Cholamandlam Insurance Com And Ors ...

Mr. Sushant Choudhari, Advocate for Applicant Mr. Abhijit Choudhari, Advocate for Respondent No.1 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 04.05.2026 PER COURT :- 1.

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

Heard the learned advocates for both sides.

3.

Learned advocate for the respondent-Insurance company strongly opposed the application and submitted that there was a delay of 20 days in lodging the report, and the involvement of the offending vehicle is also doubtful. He 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:

(( 2 )) 37 CA NO. 3643 OF 2025 ::ORDER::

a.

The application is partly allowed.

b.

The applicant/s is/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.

[ SANJAY A. DESHMUKH, J. ] HRJadhav