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Bombay High Court

MANDA BALU ALIAS BALASAHEB KALAPAHAD AND OTHERSversusThe Manager, Shriram Traders

Disposal
DISPOSED OFF

Holding

The civil application for withdrawal of the deposited amount was rejected.

Summary

The petitioners filed a civil application seeking the withdrawal of a deposited amount. The respondent, represented by counsel, opposed the application, highlighting that the insurance company raised a serious objection concerning the vehicle's involvement and noted a delay between the incident on 06-04-2022 and the filing of the report on 09-06-2022. The court examined the lack of a satisfactory explanation for this delay. Considering the insurance company's objection and the unexplained lapse, the court found no basis to grant the withdrawal. Consequently, the application was rejected.

Issues considered

  • The court's jurisdiction to order withdrawal of a deposited amount in light of an insurance company's objection and delay in reporting the incident.

Subjects

  • civil procedure
  • withdrawal of deposit
  • insurance objection
  • delay in reporting
  • application rejection

Judgment

2026:BHC-AUG:42802
                                                   1                    33-CA-10834-26.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD


                       CIVIL APPLICATION NO. 10834 OF 2026 IN FA/1215/2026

                      MANDA BALU ALIAS BALASAHEB KALAPAHAD AND OTHERS
                                               VERSUS
                                 THE MANAGER, SHRIRAM TRADERS
                                                   ...
                      Advocate for Applicant : Mr. Sominath M. Sangale (on V.C.)
                          Advocate for Respondent : Mr. Manoj D. Shinde
                                                   ...

                                            CORAM :        SACHIN S. DESHMUKH, J.
                                            DATE       :   21-09-2026
                PER COURT:-

                1.     This civil application is presented seeking the withdrawal of

                the deposited amount.

                2.     Mr. Shinde, learned counsel for the respondent/appellant,

                has opposed the application, submitting that the Insurance

                Company has raised a serious objection regarding the involvement

                of the vehicle and points out that while the alleged incident

                occurred on 06.04.2022, the report was lodged on 09.06.2022. In

                that view of the matter and In the absence of any justifiable

                explanation for this delay, which requires detailed consideration, it

                would be appropriate to hear the appeal finally.

                3.     Accordingly, the civil application stands rejected.




                                                   [SACHIN S. DESHMUKH]
                                                           JUDGE
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