Sayed Kalim So Sayed Moin v. Bajaj Allianz General Insurance Co Ltd

2026:BHC-AUG:21489 (1) 907ca5226.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5226 OF 2026 IN FAST/5832/2026 SAYED KALIM SO SAYED MOIN .....Petitioner

VERSUS

BAJAJ ALLIANZ GENERAL INSURANCE CO LTD .....Respondent Mr. A. V. Wadwale, Mr. Avinash D. Hande, Advocate for the Applicant/Ori. Claimant Mr. M. R. Deshmukh, Advocate for the Applicant/Appellant CORAM : ABHAY J. MANTRI, J.

DATE : 08th MAY, 2026 PER COURT :

1.

The Applicant/Ori. Claimant has moved this Application seeking permission to withdraw the compensation amount deposited by the insurance company. In response, the learned Advocate for the Applicant/Appellant has given no objection to the withdrawal of 50% of the amount along with accrued interest thereon. The Respondent /Appellant has filed an Appeal raising the substantial question of law, and the same is pending.

2.

Having considered the said fact, the Application is partly allowed.

(2) 907ca5226.26.odt 3.

As such, the Applicant is permitted to withdraw 50% of the amount deposited by the respondent/ Appellant along with proportionate accrued interest thereon before the learned Trial Court on condition that the Applicant shall file undertaking to the learned Commissioner for Employees Compensation for E. C. Act that he shall deposit the amount in case the adverse order is passed in the Appeal within a period of six weeks. A copy of the undertaking shall be placed on the record of this Appeal.

[ABHAY J. MANTRI, J. ] VishalK/907ca5226.26.odt