Bombay High Court

CHAYABAI VENKAT BIRAJDAR AND ORS.versusPRABHU LIMBAJI BIRAJDAR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The High Court allowed the withdrawal of the deposited amount.

Summary

The applicants, Chayabai Venkata Birajdar and others, filed a civil application seeking withdrawal of an amount deposited by Respondent No.1, Prabhu Limbaji Birajdar, after the respondent’s first appeal against a Motor Accident Claims Tribunal order was dismissed by the High Court on 3 July 2026. The respondents had earlier deposited the amount in compliance with the Court’s directions. The applicants moved the Court for permission to withdraw the deposited sum. The Court considered that the appeal had been dismissed and that the deposit was made pursuant to the Court’s earlier direction, and therefore allowed the withdrawal as per the prayer clause “B”. Consequently, the application for withdrawal was granted.

Issues considered

Whether the applicants are entitled to withdraw the amount deposited by Respondent No.1 after the dismissal of the first appeal.

Subjects

withdrawal of deposit
motor accident claims tribunal
appeal dismissed
civil application
court order

Judgment

2026:BHC-AUG:45975



                                                                  28 CA10821.2026
                                              -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                          CIVIL APPLICATION NO. 10821 OF 2026
                                           IN
                                      FA/825/2025

              1. CHAYABAI VENKAT BIRAJDAR
              2. PRAGATI VENKAT BIRAJDAR
              @ PRAGATI AJINKYA KSHIRSAGAR
              3. AMAR VENKAT BIRAJDAR                             .. Applicants
                                                                  (Orig. Claimants)


                        Versus

              1. PRABHU LIMBAJI BIRAJDAR.
              2. ISMAIL FATRUSAB MULLA                            .. Respondents
                                                                 (Orig. Respondents)
                                              ...
              Advocate for Applicants : Mr. Shrimant Mundhe
                                              ...


                                        CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 24.09.2026

              PER COURT :-

              1.        The application is presented by the applicants                /

              claimants for withdrawal of the amount deposited by the

              Appellant / Respondent No.1.


              2.        The applicants / claimants presented the claim

              petition before the learned Member, Motor Accident Claims

              Tribunal, Nilanga, District Latur, which was partly allowed.
                                                   28 CA10821.2026
                               -2-

Aggrieved by the same, Respondent No.1 presented the present

First Appeal, which was dismissed by this court by order dated

03.07.2026. In the meanwhile, pursuant to the directions of this

court, Respondent No.1 has deposited the amount in this court.


3.         Therefore, the applicants have presented the present

application for withdrawal of the amount.


4.         In view of above backdrop and considering dismissal

of the First Appeal, the Civil Application is allowed in terms of

Prayer Clause “B”.




                                     (SACHIN S. DESHMUKH, J.)

marathe

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