Bombay High Court

SATWAJI ALIAS BALAJI GIRMAJI SADAVARTE AND ANR.versusTHE ORIENTAL INSURNCE CO LTD. THR ITS MANAGER AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the insurer's full deposit satisfied the application, allowing withdrawal by the applicants upon furnishing an undertaking.

Summary

The applicants filed a civil application seeking an order that the Oriental Insurance Company deposit the entire compensation amount with accrued interest in the Court. The insurer complied and deposited the full amount. The insurer argued that the deposit satisfied the prayer in the application. The Court examined whether the deposit fulfilled the applicant's request and whether the applicants could withdraw the amount. It held that the deposit satisfied the prayer and allowed the application, subject to the applicants furnishing an undertaking to the Registrar. Consequently, the deposited amount may be withdrawn by the applicants upon giving the required undertaking, and the civil application was disposed.

Issues considered

Whether the deposit of the entire compensation amount with interest by the insurer satisfies the prayer in the civil application.
Whether the applicants are entitled to withdraw the deposited amount upon furnishing an undertaking.

Subjects

insurance
compensation
deposit
civil application
interest
withdrawal
undertaking

Judgment

2026:BHC-AUG:38824




                                                    1                    980 ca 8086.26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 8086 OF 2026
                                           IN
                               FIRST APPEAL NO. 785 OF 2009

                        Satvaji @ Balaji Girmaji Sadavarte
                        and another                               ..   Applicants

                             Versus

                        The Oriental Insurance Co. Ltd.
                        through its Manager and others            ..   Respondents

                 Mrs. Maya Jamdade, Advocate for the Applicant through V. C.
                 Shri R. D. Borde, Advocate h/f Shri Uday S. Malte, Advocate for
                 the Respondent No. 1.

                                   CORAM : MANJUSHA A. DESHPANDE, J.
                                    DATE : 27TH AUGUST, 2026.

                 ORDER :


                 .      Pursuant to the prayer made in the civil application
                 directing to deposit the entire compensation amount with
                 accrued interest in this Court, the Insurance Company has
                 deposited the amount in this Court.


                 2.     Learned advocate for the respondent No. 1 – Insurance
                 company submits that Insurance Company has already deposited
                 the entire amount. In view of the deposit of the entire amount,
                 the civil application is allowed in terms of prayer clause B.


                 3.     The amount deposited is allowed to be withdrawn by the
                                    2                 980 ca 8086.26

applicants    subject   to   furnshing   an   undertaking   to   the
satisfaction of the Registrar (Judicial) of this Court. The civil
application stands disposed of.



                               [ MANJUSHA A. DESHPANDE J. ]


bsb/Aug. 26

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