Bombay High Court
REHAYANA HAIDARKHAN SHAIKH AND OTHERSversusASLAM YUNUS SHAIKH AND ORS
- Disposal
- Withdrawn
- Bench
- ABHAY S WAGHWASE
Holding
The court allowed the respondents to withdraw the remaining deposited amount subject to furnishing the usual undertaking.
Summary
The petitioners, Rehiyana Haiderkhan Shaikh and others, filed a civil application seeking permission to withdraw the balance of an amount deposited by an insurance company after the disposal of a first appeal filed by that insurer. The respondents, including Aslam Yunus Shaikh and others, argued that the disposal of the appeal should allow them to retrieve the remaining funds held by the court. The court considered whether the withdrawal could be permitted without prejudice to the proceedings. It held that the respondents could indeed withdraw the remaining amount, provided they furnish the usual undertaking as required by law. Consequently, the civil application was disposed in favour of the respondents, allowing the withdrawal of the deposited sum.
Issues considered
- What is the appropriate procedure for withdrawing a remaining amount deposited with the court after the disposal of a related appeal?
Subjects
- withdrawal of court deposit
- insurance claim
- civil application
- court order
- undertaking
Judgment
2026:BHC-AUG:1696
-1-
945-CA-3966-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 3966 OF 2018
IN FA/5016/2017
SMT. REHAYANA HAIDERKHAN SHAIKH AND OTHERS
VERSUS
SHRI ASLAM YUNUS SHAIKH AND OTHERS
......
Mr. Saad Shaikh h/f. Mr. Shaikh Mazhar A. Jahagirdar, Advocate for
Applicants.
Mr. A. G. Kanade, Advocate for Respondent No.3 (Through V.C.)
......
CORAM : ABHAY S. WAGHWASE, J.
DATED : 17 JANUARY 2026
PER COURT :
1. The learned counsel for respondents/original claimants
submits that in view of disposal of first appeal filed by Insurance
Company, they may be permitted to withdraw remaining amount
deposited by insurance company.
2. In view of above submission, respondents/original claimants
are permitted to withdraw remaining amount lying in the court subject to
furnishing usual undertaking, if any.
3. Civil Application is disposed off accordingly.
(ABHAY S. WAGHWASE, J.)
Tandale
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