Shyam Ganpati Sathe v. The Royal Sundaram Alliance Insurance Company Ltd And ANR

2026:BHC-AUG:11648 26-ca-8436-2025 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8436 OF 2025 IN FA/2263/2025 Shyam Ganpati Sathe

VERSUS

The Royal Sundaram Alliance Insurance Company Ltd And Anr ...

Mr. R. D. Kawade, Advocate for Applicant Mr. M. R. Deshmukh, Advocate for Respondent no.1

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 16TH MARCH, 2026 PER COURT :- 1.

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

2.

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

3.

Learned Advocates for the respondent/Insurance Company strongly opposed the application and submitted that the involvement of the offending vehicle is very doubtful. There is eight months and 10 days delay caused in lodging the F.I.R. The statement of Investigating Officer is not supporting to the claimant's case. He prayed to reject the application.

4.

Upon perusal of the impugned judgment and considering the peculiar set of facts, it would be proper to allow the application partly. Hence, the following order:

26-ca-8436-2025 -2ORDER a.

Civil Application is partly allowed.

b.

Applicant is permitted to withdraw 50% amount out of the deposited amount in this Court alongwith interest accrued thereon upon 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