Bombay High Court

Sajida Nasir Khan.versusArun Haribhau Mhaske and Ors.

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

Holding

The court held that the applicant is entitled to withdraw the entire deposited amount with interest once the appeal is withdrawn.

Summary

The applicant, Sajida Nasir Khan, filed a civil application seeking the withdrawal of an amount she had deposited with the Court pursuant to an earlier judgment and award. The application was filed after the insurance company, which had appealed the judgment, withdrew its appeal. The court noted that with the appeal withdrawn, there was no longer any impediment to returning the deposited sum. Consequently, the court ordered that the entire deposited amount, together with accrued interest, be returned to the applicant. The application was thereby disposed of.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited with the Court after the appellant's appeal has been withdrawn

Subjects

withdrawal of court deposit
civil application
interest on deposited amount
withdrawn appeal
procedural relief

Judgment

2026:BHC-AUG:19116

1 940 ca.5047.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
940 CIVIL APPLICATION NO. 5047 OF 2026
IN FA/1499/2025

SAJIDA NASIR KHAN
VERSUS
ARUN HARIBHAU MHASKE AND ORS
...
Advocate for Applicant : Mr. Shaikh Sohail Yusuf Jahagirdar.
Advocate for Respondent No.4 : Ms. Anagha Rotte.
...

CORAM : SANJAY A. DESHMUKH, J.
DATE : 28th April, 2026.

P.C.:

1 Heard the learned counsel for the parties. Perused the
application.

2 This application is for withdrawal of the amount deposited by the
appellant in this Court as per the impugned judgment and award.

3 It is informed that the appeal filed by the insurance company has
been withdrawn. Therefore, the application for withdrawal of amount
deserves to be allowed.

4 Hence, the applicant is permitted to withdraw the entire amount
deposited by the appellant in this Court, with accrued interest thereon.

5 With this, the civil application for withdrawal of amount stands
disposed of.

[ SANJAY A. DESHMUKH, J. ]
nga

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