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Bombay High Court

THE NEW INDIA ASSURANCE CO LTDversusR L STEELS AND ENERGY LIMITED

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The applicant is entitled to withdraw the balance amount lying in the court with interest.

Summary

The New India Assurance Co Ltd filed a civil application seeking permission to withdraw the remaining balance of funds deposited in the court’s office after an earlier order on 20 August 2026 allowed it to withdraw the amount to which it was entitled. The earlier order had already resulted in the applicant withdrawing the principal amount together with interest, but a residual balance remained in the court’s custody. The respondent, R L Steels and Energy Ltd, opposed the application. The Bench examined whether the applicant retained a right to the balance and any accrued interest. Finding no impediment, the Court held that the applicant was entitled to withdraw the balance with interest and disposed of the application accordingly.

Issues considered

  • Whether the applicant is entitled to withdraw the balance amount lying in the court’s office along with interest

Subjects

  • insurance
  • court deposit
  • withdrawal of balance
  • interest
  • civil application
  • high court
  • Bombay High Court

Judgment

2026:BHC-AUG:42216

                                              1                   CA / 10243 / 2026


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             15 CIVIL APPLICATION NO. 10243 OF 2026
                                         IN FA/2267/2025

                                 THE NEW INDIA ASSURANCE CO LTD
                                              VERSUS
                                  R L STEELS AND ENERGY LIMITED

                                                    ...
                              Advocate for applicant : Ms. Anagha Rotte
                       Advocate for the respondent : Ms. Sakshi Katneshwarkar
                                          h/f. Mr. Balaji Yenge
                                                    ...

                          CORAM              : KISHORE C. SANT AND
                                               JITENDRA JAIN, JJ.

                          DATE               : 10 SEPTEMBER 2026

              PER COURT :

                          Heard learned advocate for the applicant.


              2.          This application is by the original appellant – insurance

              company for withdrawal of the balance amount lying in the office of this

              Court.


              3.          This Court by earlier order passed on 20.08.2026, granted

              the original claimant to withdraw the amount deposited to the extent of

              their right, entitlement on the amount deposited by the appellant –

              insurance company in this Court. It is informed that said amount is

              already withdrawn with interest. The balance amount is still lying in the

              office of this Court. This Court does not find any difficulty in allowing

              the application.
                                    2                 CA / 10243 / 2026



4.           Applicant is entitled to withdraw the balance amount lying

in this Court along with interst.


5.           With this direction, the Application is disposed of.




       [ JITENDRA JAIN ]                     [ KISHORE C. SANT ]
            JUDGE                                  JUDGE

arp/


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