Cholamandalam Ms General Insurance Company Ltd v. Shaikh Ahmed Shaikh Najeer And Others

2026:BHC-AUG:13102 ca3494.26 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 3494 OF 2026 IN FA/2496/2025 Shaikh Ahmed Shaikh Najeer

VERSUS

Cholamandalam Ms General Insurance Co Ltd ...

Advocate for Applicant : Mr. H.I. Pathan Advocate for Respondent No.1 : Mr. Abhijit Choudhari ...

WITH CIVIL APPLICATION NO. 10182 OF 2025 IN FA/2496/2025 Cholamandalam Ms General Insurance Company Ltd

VERSUS

Shaikh Ahmed Shaikh Najeer And Others ...

Advocate for Applicant : Mr. Abhijit Choudhari Advocate for Respondent Nos.1 to 4 : Mr. H. I. Pathan .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 26th MARCH, 2026 PER COURT :- 1.

The civil application No. 3494 of 2026 is filed seeking withdrawal of the amount. Perused the application. Heard learned advocates for both the sides. Learned advocate for the respondent strongly opposed the application and submitted that exorbitant amount of compensation has been awarded by the learned Tribunal and therefore, he prayed to reject the application.

ca3494.26 -22.

Considering the reasons stated in the application and the impugned judgment and award, it would be proper to allow this application partly. The application is thus partly allowed. The applicants are permitted to withdraw 50% amount with proportionate costs and accrued interest thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court. 3.

In so far as the civil application for grant of stay to the impugned judgment and award is concerned, heard learned advocate for the applicant. He submitted that entire amount under award has been deposited. In view of the said statement, civil application is allowed. Till final disposal of the first appeal, there shall be stay to the impugned judgment and award.

4.

In first appeal, call for record and proceedings. Stand over to 18.06.2026.

(SANJAY A. DESHMUKH, J.) rlj/