Bombay High Court

SATAVAJI @ BALAJI S/O.GIRMAJI SADAVARTE.versusTHE ORIENTAL INSURANCE COMPANY LTD. THROUGH ITS MANAGER AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The claimant is entitled to withdraw the entire amount deposited by the insurer along with accrued interest upon dismissal of the insurer's appeal.

Summary

Satavaji @ Balaji, the claimant, filed a civil application seeking the withdrawal of an amount deposited by The Oriental Insurance Company Ltd. after the insurer's appeal was dismissed by the High Court. The insurer had deposited the amount pending the outcome of its appeal. The court examined whether the claimant was entitled to retrieve the deposited sum along with any accrued interest following the dismissal of the appeal. It held that, in view of the appeal's dismissal, the claimant's right to withdraw the entire deposited amount, together with interest, was clear. Consequently, the court ordered that the claimant be allowed to withdraw the amount and interest, and disposed of the civil application.

Issues considered

Whether the claimant is entitled to withdraw the amount deposited by the insurer after the insurer's appeal is dismissed
Whether interest accrues on the deposited amount payable to the claimant

Subjects

insurance
appeal
deposit
withdrawal
interest
civil procedure

Judgment

                                    1                       1117.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

              CIVIL APPLICATION NO. 8077 OF 2026
                        IN FA/998/2009
       SATAVAJI @ BALAJI S/O.GIRMAJI SADAVARTE
                            VERSUS
  THE ORIENTAL INSURANCE COMPANY LTD. THROUGH ITS
                     MANAGER AND ORS
                                 ...
        Advocate for Applicant : Ms. Jamdhade Pratibha R.
  Advocate for Respondent No. 1 : Mr. Uday S. Malte (through V.C.)
                                …
                      CORAM : MANJUSHA DESHPANDE, J.
                      DATE : 03rd SEPTEMBER, 2026
PER COURT :

1.           This Application is filed on the background that the

Insurance Company had filed an Appeal and deposited amount in this

Court. However, the Appeal has been dismissed.

2.           In view thereof, the Claimant has filed the Application for

withdrawal of amount.

3.           In view of dismissal of Appeal, the Claimant is allowed to

withdraw the entire amount deposited by the Insurance Company along

with the accrued interest.

4.           Civil Application stands disposed of.




                                  ( MANJUSHA DESHPANDE, J. )
SPC

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