The Manager, Bajaj Allianz General Insurance Co Ltd v. Babasaheb Karbhari Sarbande And Another

2026:BHC-AUG:18129

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

926 CIVIL APPLICATION NO. 4427 OF 2026 IN FAST/27488/2025 BABASAHEB KARBHARI SARBANDE

VERSUS

THE MANAGER BAJAJ ALLIANZA AIRPOT ROAD YERWADA PUNE ...

Advocate for Applicant : Ms. Sakshi Ajeet Kale, h/f Mr. Shriraj Wakale. Advocate for Respondent No.1 : Mr. M. R. Deshmukh. ...

WITH CIVIL APPLICATION NO. 10281 OF 2025 IN FAST/27488/2025 WITH CIVIL APPLICATION NO. 10280 OF 2025 IN FAST/27488/2025 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

23rd April, 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 95 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 2nd July, 2026. Ms. Sakshi Kale, holding for Mr. Shriraj Wakale, learned Advocate waives notice on behalf of 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