Bombay High Court
Arbaz Shamuhammad PathanversusRajiv Rathod Sukhlal Rathod
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court permitted a partial withdrawal of 50% of the deposited compensation, with interest, subject to an undertaking and a fixed deposit of the balance.
Summary
The applicants, Ajhar Ali Ejaj Ali and Arbaz Shamuammad Pathan, filed civil applications seeking to withdraw a portion of compensation awarded by a tribunal and deposited by an insurance company. The issue before the court was whether the applicants could be permitted to withdraw any part of the deposited amount pending the final outcome of pending appeals. The court examined the tribunal's endorsement of the applicants' entitlement and balanced the competing interests of the parties. It held that allowing a partial withdrawal would be appropriate, subject to safeguards. Accordingly, the court ordered that the applicants may withdraw 50% of the deposited amount with accrued interest, provided they give an undertaking that further disbursement will await the final appeal outcome, and the remaining balance be kept in a fixed deposit for three years.
Issues considered
- Whether the applicants are entitled to withdraw the compensation amount deposited by the insurance company pending final appeal outcome
- What conditions, if any, should be imposed on any such withdrawal
Subjects
- compensation
- insurance
- withdrawal
- civil application
- partial relief
- fixed deposit
- interest
Judgment
2026:BHC-AUG:42172
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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