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Bombay High CourtCA/3462/2026admittedallowedgrantedrule absolute

Smt Shahin Shaikh Kamroddin Shaikh And Other v. The New India Assurance Co Ltd

2026-03-24Hon'Ble Shri Justice Sanjay A. Deshmukh1 pages

2026:BHC-AUG:12706 926-CA-3462-26-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3462 OF 2026 IN FAST/14263/2024 SMT SHAHIN SHAIKH KAMRODDIN SHAIKH AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE CO LTD ...

Advocate for Applicants : Mr. Pramod C. Mayure Advocate for Respondent No.1 : Mr. Abhijit G. Choudhari Advocate for Respondents No.2 and 3 : Mr. Majid Shaikh ...

CORAM : SANJAY A. DESHMUKH, J.

DATE : 24-03-2026 PER COURT:- 1.

Heard. Perused the application.

2.

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

Learned advocate for respondent has strongly opposed the application.

4.

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

ORDER

(i) The civil application is partly allowed.

(ii) The applicants No.1, 3, 4 and 5 are permitted to withdraw 50% 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.

[SANJAY A. DESHMUKH, J.] rrd