Reliance Genral Insurance Company Ltd v. Smt Ahilyabai Datta Gadekar And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4282 OF 2026 IN FAST/31541/2025 Smt Ahilyabai Wo Datta Gadekar

VERSUS

Reliance General Insurance Company Ltd WITH CIVIL APPLICATION NO. 11998 OF 2025 IN FAST/31541/2025 Reliance Genral Insurance Company Ltd

VERSUS

Smt Ahilyabai Datta Gadekar And Ors.

WITH CIVIL APPLICATION NO. 12000 OF 2025 IN FAST/31541/2025 Reliance Genral Insurance Company Ltd

VERSUS

Smt Ahilyabai Datta Gadekar And Ors.

Mr. Avinash Hande, Advocate for Applicant in CA/4282/2026 Mr. A. S. Usmanpurkar, Advocate for applicant in CA/11998/2025 and CA/12000/2025 CORAM : SANJAY A. DESHMUKH, J.

DATED : 15th APRIL, 2026 PER COURT :- Heard the learned counsel for the parties. Perused the applications.

Application for condonation of delay:

This is an application for condonation of delay of 31 days

-2caused 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 30.06.2026. Mr. Hande, learned counsel waives notice for respondent Nos.1 and 2.

Application for withdrawal of amount:

This application is for withdrawal of the amount deposited

-3by 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.) B. S. Joshi