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Bombay High CourtCA/13844/2025admittedallowedgrantedrule absolute

Kamalbai Ramesh Tribhuvan v. Reliance General Insurance Co Ltd

2026-01-08Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

2026:BHC-AUG:681 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13844 OF 2025 IN FAST/29256/2025 Kamalbai Ramesh Tribhuvan

VERSUS

Reliance General Insurance Co Ltd ...

Mr. Syed Moisali Amjedali, Advocate for Applicant Mr. A. S. Usmanpurkar, Advocate for Respondent no.1 ...

WITH CIVIL APPLICATION NO. 11077 OF 2025 IN FAST/29256/2025 WITH CIVIL APPLICATION NO. 11078 OF 2025 IN FAST/29256/2025

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 08th JANUARY, 2026 PER COURT :- CIVIL APPLICATION NO. 11077 OF 2025 1.

This is an application seeking condonation of delay of 44 days caused in filing the present First Appeal. 2.

Perused the application. Heard learned Advocate for both the sides.

3.

Learned Advocate for the respondent no.1 strongly objected the application and prayed to reject the same. 3.

On perusal of the application, it appears that delay is not deliberately caused and the application deserves to be allowed in the interest of justice. Hence, following order:-

-2ORDER a.

Civil Application is allowed.

b.

Delay of 44 days caused in filing First Appeal is hereby condoned.

c.

Civil Application stands disposed of.

CIVIL APPLICATION NO. 11078 OF 2025 1.

This is an application for granting stay to the execution and operation of the impugned judgment and award. 2.

Learned Advocate for the appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.

3.

Considering the above fact, it would be proper to allow the application and the same is allowed.

4.

Civil Application stands disposed of.

CIVIL APPLICATION NO. 13844 OF 2025 1.

This is an application for permission to withdraw the amount deposited by the Insurance Company in this Court as per the impugned judgment and award.

2.

Perused the application. Heard learned Advocates for both the sides.

3.

Learned Advocate for the respondent strongly opposed the application and prayed to reject the application.

-34.

Considering the peculiar set of the facts, the application deserves to be partly allowed in the interest of justice. Hence, the following order:

ORDER

a.

Civil Application is partly allowed.

b.

Applicants are permitted to withdraw 50% amount deposited in this Court alongwith interest accrued thereon on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

Civil Application stands disposed of.

(SANJAY A. DESHMUKH, J.) Rushikesh/2025