Charushila Wo Balu Narwade v. New India Assurance Co Ltd

2026:BHC-AUG:13730

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

22 CIVIL APPLICATION NO. 3757 OF 2026 IN FAST/25903/2024 CHARUSHILA WO BALU NARWADE

VERSUS

NEW INDIA ASSURANCE CO LTD ...

Advocate for Applicant : Mr. Avinash Hande.

Advocate for Respondent : Mr. Abhijit Choudhari. ...

WITH CIVIL APPLICATION NO. 10769 OF 2024 IN FAST/25903/2024 WITH CIVIL APPLICATION NO. 10770 OF 2024 IN FAST/25903/2024 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

30th March, 2026.

P.C.:

Heard the learned counsel for the parties. Perused the applications.

Application for condonation of delay:

This is an application for condonation of delay of 11 days caused 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 29th June, 2026. Mr. Abhijit Choudhari, learned counsel waives notice for respondent Nos.1 to 5.

Call for record and proceedings.

Application for withdrawal of amount:

This application is for withdrawal of the amount deposited by 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 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. 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. ] nga