Cholamandalam Ms G I C v. Mangalbai Datta Puri And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 47 CIVIL APPLICATION NO. 4942 OF 2026 IN FAST/26388/2025 WITH CIVIL APPLICATION NO. 10180 OF 2025 IN FAST/26388/2025 WITH CIVIL APPLICATION NO. 10179 OF 2025 IN FAST/26388/2025 MANGALBAI WO DATTA PURI AND ORS.

VERSUS

CHOLAMANDALAM MS GIC AND ORS.

...

Mr. R. N. Chavan, Advocate for the applicants Mr. R. G. Tupe h/f Mr. S. R. Bodade, Advocate for respondent No.3 CORAM : SANJAY A. DESHMUKH, J.

DATED : 27th APRIL, 2026 P. C. :- ORDER BELOW CIVIL APPLICATION NO. 4942 OF 2026 1.

The present Civil Application has been filed seeking permission to withdraw the amount deposited in this Court in terms of the impugned judgment and award.

2.

Perused the application and heard learned advocates for the both sides.

3.

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 interest thereon, on furnishing usual undertaking.

4.

The Registry is directed to disburse 50% of the deposited amount to the applicants, along with accrued interest thereon. ORDER BELOW CIVIL APPLICATION NO. 10179 OF 2025 5.

The present Civil Application is filed for condonation of delay of 30 days caused in filing the first appeal.

6.

Perused the application and heard learned advocate for the applicant.

7.

Considering the reasons stated in the application, it appears that the delay caused is not deliberate. Therefore, the application is allowed. The delay in filing the appeal is condoned in the interest of justice. 8.

In FA(ST) No. 26388 of 2025, issue notice to the Respondents, returnable on 7th July, 2026.

9.

Call R and P.

ORDER BELOW CIVIL APPLICATION NO. 10180 OF 2025 10.

This is an application for seeking granting stay to the execution, operation and implementation of impugned judgment and award.

11.

Perused the application. Heard learned advocates for both sides. Considering the peculiar facts of the case and the grounds stated in the application, stay is granted subject to deposit entire amount of compensation under award along with interest accrued and costs, within 12 weeks from today. With this condition, application is allowed and disposed of accordingly. (SANJAY A. DESHMUKH, J.) ssp