Sakubai Babasaheb Funde And ORS. v. Devidas Vishnu Dahiphale And ANR.

41 CA NO. 5199 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 5199 OF 2026 IN FA/1046/2026 Sakubai Babasaheb Funde And Ors.

VERSUS

Devidas Vishnu Dahiphale And Anr.

...

Mr. D. A. Bide, Advocate for Applicants Mr. Abhijit Choudhari., Advocate for Respondents ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 04.05.2026 PER COURT :- 1.

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

2.

Heard learned advocates for both sides.

3.

Learned advocate for the respondent-Insurance Company strongly opposed the application and submitted that there was a delay of 8 days in lodging the report. Therefore, he prayed to reject the application.

4.

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:

(( 2 )) 41 CA NO. 5199 OF 2026 ::ORDER::

a.

The application is partly allowed.

b.

The applicants are permitted to withdraw 50% of the amount with accrued interest thereon out of the amount deposited by the appellant in this court.

c.

The Registry is directed to transmit the said amount to the learned Motor Accident Claims Tribunal, Ahmednagar, which shall thereafter disburse that amount to the applicants/claimants accordingly.

d.

The applicants shall submit undertaking for withdrawal of the said amount before the Superintendent/Registrar of learned Tribunal and the Tribunal shall forward it to this Court.

[ SANJAY A. DESHMUKH, J. ] HRJadhav