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Bombay High Court

THE NEW INDIA INSURANCE CORRECTED ASSURANCE CO LTDversusRAJU ALIAS RAJENDRA GANPAT KATE AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 129‑day delay and permitted withdrawal of 50% of the deposited amount with interest, keeping the remainder in fixed deposit pending appeal.

Summary

The appellant filed a first appeal but delayed filing it by 129 days. An application was made to condone this delay, which the court allowed in the interest of justice, thereby permitting the appeal to be registered. Subsequently, the appellant sought to withdraw the amount deposited with the court pursuant to the impugned judgment, while the second respondent opposed the withdrawal. The court, after hearing both sides, ordered that the appellant may withdraw fifty percent of the deposited amount with accrued interest, subject to an undertaking, and directed that the balance remain in a fixed deposit until the appeal is disposed. The withdrawal application was consequently disposed.

Issues considered

  • Whether the delay of 129 days in filing the first appeal can be condoned.
  • Whether the appellant is entitled to withdraw the amount deposited with the court, and if so, in what proportion.

Subjects

  • condonation of delay
  • civil appeal
  • withdrawal of security
  • interest
  • fixed deposit
  • court order

Judgment

2026:BHC-AUG:10273


                                                      1                                   26.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  BENCH AT AURANGABAD.
                              26 CIVIL APPLICATION NO. 1865 OF 2026
                                        IN FAST/39588/2023

                               RAJU ALIAS RAJENDRA GANPAT KATE
                                                VERSUS
                        BHAUSAHEB S/O RAOSAHEB KARAD AND OTHERS
                                                   ...
              Advocate for Applicant : Ms. Savita Parmeshwar Kakade.
              Advocate for Respondent No.2 : Mr. Dhananjay P. Deshmukh.
                                                   ...

                                              WITH
                                CIVIL APPLICATION NO. 1219 OF 2024
                                        IN FAST/39588/2023
                                                ...


                                               CORAM : SANJAY A. DESHMUKH, J.
                                               DATE       :   09th March, 2026.

              P.C.:

              1       Heard the learned counsel for the parties.            Perused the

              applications.



              Application for condonation of delay:

              2       This is an application for condonation of delay of 129 days

              caused in filing the first appeal.



              3       For the reasons stated in the application, the delay stands

              condoned. The application stands allowed in the interest of justice.

              Appeal be registered.
                                            2                                   26.odt


      Application for withdrawal of amount:

      4     This application is for withdrawal of the amount deposited by the

      appellant in this Court as per the impugned judgment and award.



      5     The learned counsel for the respondent No.2 strongly opposes

      the application.



      6     For the reasons stated in the application and considering the

      arguments of both the sides, the following order is passed :-


                                       ORDER

           I.    The applicants are permitted to withdraw 50% of the
                 amount out of the amount deposited by the appellant in
                 this Court, with accrued interest thereon, on furnishing
                 usual undertaking to the satisfaction of the learned
                 Registrar (Judicial) of this Court. The remaining amount
                 be kept in fixed deposit in any nationalized bank till
                 disposal of the appeal.

           II.   With this, the civil application for withdrawal of amount
                 stands disposed of.



                                            [ SANJAY A. DESHMUKH, J. ]
nga


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