Bombay High Court

CHAYA RAMESH ZINZADEversusNagesh Kundlikrao More

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The court allowed a partial withdrawal of 50% of the deposited amount with interest, subject to an undertaking, and directed the balance to be kept in a fixed deposit.

Summary

The applicant, Chaya Ramesh Zinzdade, filed a civil application seeking withdrawal of the amount deposited by an insurance company pursuant to an award rendered by a claims tribunal. The insurance company opposed, arguing that the driver involved in the accident was also implicated in other offences, casting doubt on the vehicle's involvement. The court noted that the tribunal had already considered the insurance company's submissions and had endorsed the claimant's entitlement. Accordingly, the court permitted the applicant to withdraw fifty percent of the deposited sum along with accrued interest, subject to an undertaking that the disbursement remains contingent on the final outcome of the appeal. The remaining balance was ordered to be kept in a fixed deposit with a nationalized bank for three years, renewable until further orders.

Issues considered

Whether the applicant is entitled to withdraw a portion of the amount deposited by the insurance company pending the final outcome of the appeal

Subjects

Insurance
Claims Tribunal
Deposit Withdrawal
Fixed Deposit
Partial Relief
Civil Procedure

Judgment

2026:BHC-AUG:37328



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                                              -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                        21 CIVIL APPLICATION NO. 13622 OF 2025
                                       IN FA/314/2026
                                 CHAYA RAMESH ZINZADE
                                           VERSUS
                               NAGESH KUNDLIKRAO MORE
                                              ...
              Advocate for Applicant : Mr. Narayan Yashavantrao Chavan
              Advocate for Respondent No.2 : Mr. Abhijit Choudhari
                                              ...
                                         CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 18.08.2026
              PER COURT :-
              1.       The application is taken out seeking withdrawal of the

              amount, which is deposited by the Insurance Company pursuant

              to the award rendered by the claims tribunal.


              2.         The application is resisted by Mr. Abhijit Choudhari,

              learned counsel for the Insurance Company, stating that the

              driver of offending vehicle involved in the present case is also

              involved in the other offences, as such, has submitted that the

              involvement of vehicle is seriously doubtful.


              3.         However, considering the fact that the same was put-

              forth before the tribunal by the Appellant Insurance Company,

              and after considering the same, the tribunal has endorsed

              entitlement of the claimant. As such, I am persuaded to allow the

              application.
                                                                 21
                                -2-

4.         Thus, the application is partly allowed. The applicants

are permitted to withdraw 50% of the deposited amount in this

court along with accrued interest thereon.


5.         The applicants shall furnish usual undertaking that

disbursement would remain subject to final outcome of the appeal.


6.         The balance amount shall be kept in Fixed Deposit of

any Nationalized Bank initially for the period of three (03) years,

which is to be renewed periodically until further orders of this

court.



                                      (SACHIN S. DESHMUKH, J.)

marathe

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