Branch Manager, The New India Insurance Corrected As Assurance Co Ltd v. Rahim Shaikh Shaikh Ali And Others

2026:BHC-AUG:14230 ca3394.26 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 3394 OF 2026 IN FAST/15206/2025 Rahim Shaikh Shaikh Ali

VERSUS

Branch Manager The New India Insurance ...

Advocate for Applicant : Mr. Hanmant B. Nandagavale, Advocate for Respondents : Mr. M.R. Deshmukh .....

AND CIVIL APPLICATION NO. 5471 OF 2025 WITH CIVIL APPLICATION NO. 5470 OF 2025 IN FAST/15206/2025 Branch Manager, The New India Insurance corrected As Assurance Co Ltd

VERSUS

Rahim Shaikh Shaikh Ali And Others ...

Advocate for Applicant : Mr. Mohit R. Deshmukh Advocate for Respondents : Mr. H.B. Nandagavale .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 2nd APRIL, 2026 PER COURT :- 1.

The civil application No. 3394 of 2026 is filed for withdrawal of the amount. Perused the application. Heard learned advocates for both the sides. Learned advocate for the respondent strongly opposed the application. Considering the peculiar facts of this case, the application deserves to be allowed partly. The application is thus partly allowed. The applicant is permitted to withdraw 50% amount with accrued

ca3394.26 -2interest thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

2.

In so far as the civil application No. 5470 of 2025 is concerned, the same is filed for condonation of delay of 170 days caused in filing the first appeal. Perused the application and heard learned advocates for both sides. Learned advocate for the respondent strongly opposed the application. Considering the reasons stated in the application, it appears that the delay caused is not intentional or deliberate. Therefore, the application is allowed. Delay caused in filing the first appeal is condoned in the interest of justice. 3.

In so far as the civil application No. 5471 of 2025 is concerned, the same is filed for grant of stay to the impugned judgment and award passed by the Tribunal. Learned advocate for the applicant submitted that the entire amount under award has been deposited in this Court. In view of the same, civil application is allowed in terms of prayer clause "B" and disposed of.

4.

In first appeal, issue notice to the respondents. Learned advocate Mr. Nandagavale, waives notice for respondent Nos.1 to 5. Place the matter before the Lok Adalat, scheduled to be held on 09.05.2026.

(SANJAY A. DESHMUKH, J.) rlj/