Bombay High Court
THE NEW INDIA INSURANCE CORRECTED ASSURANCE CO LTDversusRAJU ALIAS RAJENDRA GANPAT KATE AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
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
Checking your session…