New India Assurance Co Ltd Through Its Branch Manager v. Shankar Dnyandevrao Pawar And ORS

2026:BHC-AUG:8638

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

981 CIVIL APPLICATION NO. 12155 OF 2025 IN FAST/19421/2025 SHANKAR DNYANDEVRAO PAWAR

VERSUS

THE NEW INDIA ASSURANCE CO LTD THROUGH ITS BRANCH MANAGER AND OTHERS ...

Advocate for Applicant : Mr. Pawankumar Surykiren Agrawal. Advocate for Respondent No.1 : Mr. Aniruddha S. Usmanpurkar. ...

WITH CIVIL APPLICATION NO. 7106 OF 2025 IN FAST/19421/2025 WITH CIVIL APPLICATION NO. 7107 OF 2025 IN FAST/19421/2025 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

25th February, 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 58 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.

Application for stay:

This is an application seeking stay to the execution of the impugned judgment and award.

The learned counsel for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.

In view of the above, there shall be stay to the impugned judgment and award till the pendency of the appeal. The application stands disposed of.

Appeal:

Issue notice to the respondents, returnable on 17th June, 2026. Mr. P. S. Agrawal, learned counsel waives notice for respondent No.1. Call for record and proceedings.

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 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. 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