Bombay High Court
Ajhar Ali Ejaj AliversusRajiv Rathod Sukhlal Rathod
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the applicants to withdraw 50% of the deposited compensation amount with interest, subject to an undertaking and the balance to be kept in fixed deposit.
Summary
The applicants, Ajhar Ali Ejaj Ali and Arbaz ShamuHammad Pathan, filed civil applications seeking to withdraw a portion of the compensation awarded by a tribunal and deposited by an insurance company. The court examined the tribunal's endorsement of the applicants' entitlement after considering the rival contentions and the need to balance competing interests. It held that permitting a partial withdrawal was appropriate, subject to conditions. Accordingly, the court ordered that the applicants may withdraw 50% of the deposited amount along with accrued interest, provided they give an undertaking that the disbursement remains subject to the final outcome of the appeals. The remaining balance is to be kept in a fixed deposit for three years, renewable until further orders. The applications were therefore partly allowed.
Issues considered
- Whether the court can permit the applicants to withdraw a portion of the compensation amount deposited by the insurance company pending the final outcome of the appeals
Subjects
- compensation
- withdrawal
- insurance
- tribunal award
- fixed deposit
- interest
- pending appeal
Judgment
2026:BHC-AUG:42171
1 35-CA-10264-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
35 CIVIL APPLICATION NO. 10264 OF 2026 IN FA/2371/2026
AJHAR ALI EJAJ ALI
VERSUS
RAJIV RATHOD SUKHLAL RATHOD
…
AND
39 CIVIL APPLICATION NO. 10271 OF 2026 IN FA/2372/2026
ARBAZ SHAMUHAMMAD PATHAN
VERSUS
RAJIV RATHOD SUKHLAL RATHOD
...
Advocate for Applicants : Mr. Moisali A. Syed
Advocate for Respondent No.2 : Mr. S. N. Janakwade
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 10-09-2026
PER COURT:-
1. The applicants have presented these applications seeking
withdrawal of the amount of compensation awarded by the
tribunal, which is deposited by the Insurance Company.
2. Considering the facts and circumstances that the entitlement
of the applicant/s is endorsed by the tribunal after considering the
rival contentions of the litigating sides and to strike the balance in
the competing interest, it will be appropriate to permit the
applicant to withdraw the amount.
3. Thus, the civil applications are partly allowed.
2 35-CA-10264-26.odt
4. The applicants are permitted to withdraw 50% of the
deposited amount in this court, alongwith interest accrued
thereon.
5. The applicants shall furnish an undertaking that
disbursement would remain subject to the final outcome of the
appeals, to the satisfaction of the Registrar (Judicial) of this Court.
6. The balance amount shall be kept in Fixed Deposit of any
Nationalized Bank initially for the period of three (3) years, which
is to be renewed periodically until further orders of this court.
[SACHIN S. DESHMUKH]
JUDGE
rrd
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