Bombay High Court

Manohar Nagnath DudhbhateversusMahesh Virbhadrappa Halge

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED
Bench: SANJAY A DESHMUKH

Holding

The application is partly allowed, permitting withdrawal of 75% of the deposited amount with interest upon furnishing a usual undertaking.

Summary

The applicant sought permission to withdraw the amount deposited in the court pursuant to an award, after the insurance company was held liable for compensation. The respondents opposed, alleging negligence by the motorcycle rider and disputing the spot panchanama sketch, but the court had already awarded compensation. The court examined the application and arguments, finding it appropriate to grant partial relief. It ordered that 75% of the deposited amount, along with accrued interest, may be withdrawn by the applicant upon furnishing a standard undertaking to the registrar. The remaining 25% stays deposited pending further proceedings.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited in court pursuant to the award
Whether the withdrawal, if permitted, should be full or partial

Subjects

court deposit withdrawal
partial withdrawal
civil procedure
insurance compensation
award execution

Judgment

                                              920 CA NO. 5504 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
           920 CIVIL APPLICATION NO. 5504 OF 2026
                       IN FA/2689/2025

                  Manohar Nagnath Dudhbhate
                            VERSUS
                  Mahesh Virbhadrappa Halge
                                ...
Mr. Nagesh Guruling Talekar, Advocate for Applicant
Mr. Prasanna S. Chavan, Advocate for Respondent No.1
Mr. M. K. Goyanka, Advocate for Respondent No.2
Mr. J. S Kadam, Advocate fore respondent No.3
                               ….

                   CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 08.05.2026
PER COURT :-

1.          This is an application seeking permission to withdraw

the amount deposited in this Court pursuant to the award.



2.          Heard the learned advocates for both sides.



3.          Learned   advocate   for   the   respondents      strongly

opposed the application and submitted that there is doubtful

evidence of negligence on the part of the rider of the motorcycle.

He pointed out that the sketch showing the spot panchanama has

been denied by the claimant in his cross-examination. However,

the Court has held the insurance company liable to pay the

compensation. He, therefore, prayed to reject the application.

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                                     (( 2 ))      920 CA NO. 5504 OF 2026



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 applicants are permitted to withdraw        75%      of       the

           amountfalling to their share, out of the amount deposited

           by the appellant inthis     Court,   with    accrued      interest

           thereon, on furnishing       usual   undertaking         to       the

           satisfaction of the learned Registrar (Judicial)        of       this

           Court.



                                 [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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