← Library
Bombay High CourtCA/1765/2026admittedallowedgrantedrule absolute

Sanjay Narayan Darade v. Ms Cholamandalam Ms General Insurance Company Ltd Through Its Branch Manager 33 Kesarsin

2026-02-16Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2026:BHC-AUG:6663 70-ca-1765-2026 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1765 OF 2026 IN FA/2977/2025 Sanjay Narayan Darade

VERSUS

Ms Cholamandalam Ms General Insurance Company Ltd Through Its Branch Manager 33 Kesarsin ...

Mr. R. G. Narwade, Advocate for Applicant Mr. Abhijit Choudhari, Advocate for Respondent no.1 ...

WITH CIVIL APPLICATION NO. 12171 OF 2025 IN FA/2977/2025

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 16TH FEBRUARY, 2026 PER COURT :- CIVIL APPLICATION NO. 1765 OF 2026 1.

This is an application for permission to withdraw the amount of compensation deposited by the Insurance Company in this Court.

2.

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

3.

Learned Advocate for the respondent no.1 strongly opposed the application and prayed to reject the same. 4.

Upon perusal of the application and the impugned judgment, this Court is of the view that the application deserves to be

70-ca-1765-2026 -2allowed partly in the interest of justice. Hence, the following order:

ORDER

a.

Civil Application is partly allowed.

b.

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

c.

Civil Application is disposed of.

CIVIL APPLICATION NO. 12171 OF 2025 1.

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

Learned Advocate for the appellant submitted that the entire amount as per the impugned judgment and award is deposited in this Court and prayed to allow the application.

3.

In view of above submission, Civil Application deserves to be allowed and is allowed in terms of prayer clause 'B'. 4.

Civil Application is disposed of.

FIRST APPEAL NO.2977 OF 2025 1.

Call Record and Proceedings.

(SANJAY A. DESHMUKH, J.) Rushikesh/2026