Bombay High Court

Eknath s/o Shankar ParsaneversusDivisional Manager New India assurance Company Ltd and ors

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court held that the applicant may withdraw 50% of the deposited amount with interest upon furnishing a satisfactory undertaking.

Summary

The Divisional Manager New India Assurance Company Ltd filed a civil application seeking permission to withdraw the amount it had deposited in the High Court of Bombay, Aurangabad bench, pursuant to an award. The insurance company, acting as respondent No.1, opposed the application, alleging that the vehicle involved was falsely implicated and that the disability certificate was obtained after a three‑year lapse, casting doubt on its authenticity. The court examined the application and the arguments of both parties. It decided to partly allow the application, permitting the withdrawal of fifty percent of the deposited amount along with accrued interest, subject to the filing of a standard undertaking. The order also directed that the application be disposed of and listed the appeal for a later date.

Issues considered

Whether the applicant is entitled to withdraw any portion of the amount deposited in the court pending the award
Whether the court may condition such withdrawal on the furnishing of an undertaking

Subjects

partial withdrawal
court deposited amount
civil application
insurance claim
disability certificate authenticity
High Court order

Judgment

                                               15 FA NO. 821 OF 2025.odt


      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD
               15 FIRST APPEAL NO. 821 OF 2025

    The Divisional Manager New India Assurance Company Ltd
                              VERSUS
                Eknath Shankar Parsane And Others
                                 ...
Mr. Bodade Shrikrishna Ramji, Advocate for Appellant
Mr. Naik Sarvesh Jaipal, Advocate for respondent No.3
Mr. G. P. Ghule, Advocate for respondent No.1
                               WITH
              CIVIL APPLICATION NO. 3231 OF 2025
                          IN FA/821/2025
                                 ….

                    CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 04.03.2026
PER COURT :-

             CIVIL APPLICATION NO. 3231 OF 2025
                        IN FA/821/2025

1.         This is an application seeking permission to withdraw

the amount deposited in this Court pursuant to the award.


2.         Heard.


3.         Learned advocate for respondent No.1-Insurance

Company strongly opposed the application. He submitted that the

alleged offending vehicle has been falsely implicated in the

present case. He contended that the disability certificate was

obtained after a lapse of three years which creates serious doubt


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                                            (( 2 ))    15 FA NO. 821 OF 2025


about its authenticity. He therefore prayed to reject the application.


4.               Perused the application. For the reasons stated therein

and considering the arguments of both the sides, it would be proper

to partly allow the application. Hence, the following order:


                                    ::ORDER::


a.              The application is partly allowed.

b.              The applicant is 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.

c.              The application is disposed of.



.               List the appeal on 24.06.2026.



                                       [ SANJAY A. DESHMUKH, J. ]




     HRJadhav                                                            2 of 2

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