The Divisional Manager National Insurance Company Ltd v. Nandkumar Laxmanrao Paithankar

2026:BHC-AUG:10499 fa10047.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 2911 OF 2026 WITH CIVIL APPLICATION NO. 10047 OF 2025 IN/WITH FIRST APPEAL NO. 2362 OF 2025 The Divisional Manager National Insurance Company Ltd

VERSUS

Nandkumar Laxmanrao Paithankar ...

Advocate for Appellant : Mr. Sudhir V. Kulkarni Advocate for Respondents : Ms. More Shubhangi D. .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 10th MARCH, 2026 PER COURT :- 1.

The civil application No. 10047 of 2025 is filed seeking stay to the impugned judgment and award passed by the Tribunal. 2.

It is submitted by the learned advocate for the applicant that entire amount under award has been deposited by the applicant Insurance Company. In view of the same, this application is allowed in terms of prayer clause "B" and disposed of. 3.

In so far as the civil application No.2911 of 2026 is concerned, the same is filed seeking withdrawal of the amount. Perused the application. Heard learned advocates for both the sides.

fa10047.25 -2Learned advocate for the respondents strongly opposed the application.

4.

Considering the peculiar facts of the case and the reasons stated in the application, the application deserves to be allowed partly. The application is thus partly allowed. The applicants are permitted to withdraw 50% amount with accrued interest thereon and costs, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

5.

In first appeal, Admit. Call for record and proceedings. (SANJAY A. DESHMUKH, J.) rlj/