Bombay High Court
Shakilabi wo Husain Husainali MasuldarversusThe National Insurance Company Ltd
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court held that the applicants are entitled to withdraw the deposited amount with interest.
Summary
The applicants, Shakilabi Wo Husain Husainali Masuldar and others, filed a civil application seeking permission to withdraw the sum deposited by The National Insurance Company Ltd in the High Court of Bombay, Aurangabad Bench. The application arose from the earlier First Appeal No. 91 of 2025, in which the appeal was dismissed and the insurance company was ordered to deposit the amount as per the impugned judgment and award. The court examined the application and noted that the deposit had been made pursuant to the earlier judgment. The sole issue before the court was whether the applicants could be allowed to withdraw the deposited amount together with accrued interest. Relying on the principle that a party may be permitted to recover money deposited under a court order once the cause of the deposit ceases, the bench permitted the withdrawal. The court ordered that the applicants may withdraw the amount with interest and disposed of the civil application.
Issues considered
- Whether the applicants are entitled to withdraw the amount deposited by the insurance company along with interest after the dismissal of the appeal.
Subjects
- civil application
- withdrawal of deposited amount
- insurance
- interest
- High Court
- appeal dismissed
Judgment
2026:BHC-AUG:523
919-ca-13601-2025
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 13601 OF 2025 IN FA/91/2025
Shakilabi Wo Husain Husainali Masuldar and Others
VERSUS
The National Insurance Company Ltd
...
Mr. N. D. Kendre, Advocate for Applicants
CORAM : SANJAY A. DESHMUKH, J.
DATED : 08th JANUARY, 2026
PER COURT :-
1. This is an application for permission to withdraw the
amount deposited by the Insurance Company in this Court.
2. Perused the application and judgment delivered by this
Court in First Appeal No.91 of 2025, dated 24.11.2025. Heard learned
Advocate for the applicant.
3. Considering the fact that the appeal is dismissed and the
amount is deposited by the Insurance Company in this Court as per
the impugned judgment and award, this application deserves to be
allowed in terms of prayer clause ‘B’. Hence, the following order:
ORDER
a. Civil Application is allowed.
b. Applicants are permitted to withdraw the amount deposited
by the Insurance Company in this Court alongwith interest accrued
thereon.
c. Civil Application is disposed of.
(SANJAY A. DESHMUKH, J.)
Rushikesh/2025
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