Jyoti Dattatray Shelar And Others v. New India Assurance Company Limited

931 CA NO. 812 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 812 OF 2026 IN FA/852/2026 Jyoti Dattatray Shelar And Others

VERSUS

New India Assurance Company Limited and others ...

Mr. Jayabhar Dattatraya Ranoji, Advocate for Applicants Mr. T. M. Tandale, Advocate for Respondent Nos.6 and 7 Mr. Ramesh Imale, Advocate for Respondent No.1 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 01.04.2026 PER COURT :- 1.

Learned Advocate Mr. T. M. Tandale submits that he has instructions to appear on behalf of respondent Nos.6 and 7. 2.

This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. 3.

Heard.

4.

Learned Advocates for the respondents strongly opposed the application and submitted that there is a delay of one month in lodging the report and that the involvement of the offending vehicle is doubtful. Therefore, they prayed to reject the application.

(( 2 )) 931 CA NO. 812 OF 2026 5.

Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order: ::ORDER::

a.

The application is partly allowed.

b.

The applicants are 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.

.

List the First Appeal on 05.05.2026.

[ SANJAY A. DESHMUKH, J. ] HRJadhav