Bombay High Court

Amit Rajabhau PanditversusVishal Bhikaji Shinde

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

Holding

The court stayed execution of the judgment pending appeal and partially allowed withdrawal of 50% of the deposited amount, keeping the remainder in fixed deposit until the appeal is disposed.

Summary

The applicant sought a stay of execution of an impugned judgment and award, claiming the entire amount had been deposited with the court. The court granted a stay pending the appeal. Subsequently, the applicant applied to withdraw part of the deposited amount, while the respondent argued that the insurance policy did not cover the risk. Citing Sunita & Ors. v. United India Insurance Co. Ltd. (AIROnline 2025 SC 601), the court noted that the accident was proved and liability could be decided on merits. It therefore allowed the applicant to withdraw 50% of the deposited sum with accrued interest, subject to an undertaking, and ordered the balance to remain in a fixed deposit until the appeal is decided. Both applications were disposed of accordingly.

Issues considered

Whether a stay of execution of the impugned judgment and award should be granted pending appeal.
Whether the applicant is entitled to withdraw part of the amount deposited with the court despite the respondent's claim that the insurance policy does not cover the risk.
Whether partial withdrawal of the deposited amount is permissible in the interest of justice.

Subjects

stay of execution
withdrawal of deposited amount
insurance claim
partial relief
civil application
appeal
fixed deposit
interest

Judgment

                                                             ca8580.26
                                   -1-


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

               951 CIVIL APPLICATION NO. 8580 OF 2026
                                WITH
                 CIVIL APPLICATION NO. 5493 OF 2026
                           IN FA/2119/2026

                        Amit Rajabhau Pandit
                              VERSUS
                         Vishal Bhikaji Shinde
                                   ...
Advocate for Applicant : Mr. Pramod C. Mayure
Advocate for Respondents : Mr. Manoj D Shinde
                                  …..

                       CORAM : SANJAY A. DESHMUKH, J.
                       DATED : 6th AUGUST, 2026

PER COURT :-


1           Heard the learned counsel for the parties.   Perused the

applications.



Application for stay:

2        This is an application seeking stay to the execution of the
impugned judgment and award.


3        The learned counsel for the applicant submits that the entire
amount as per the impugned judgment and award is deposited in this
Court.


4        In view of the above, there shall be stay to the impugned
judgment and award till the pendency of the appeal. The application
stands disposed of.
                                                                ca8580.26
                                     -2-



Application for withdrawal of amount:

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


6     The learned counsel for the appellant strongly opposed the
application and submitted that the insurance policy does not cover
the risk of the applicants.


7     On the contrary, the learned counsel for the applicant pointed
out the authority of Sunita and Ors. Vs. United India Insurance Co.
Ltd. and Ors, AIROnline 2025 SC 601, in which it is held that the
insurance company can pay and recover it.


8     Considering the peculiar facts and circumstances of the
present case, and since the occurrence of the accident is proved and
the issue of liability can be decided on merits, it would be proper to
partly allow this application in the interest of justice.


9     For the reasons stated in the application and considering the
arguments of both the sides, the following order is passed :-



                                ORDER


     I.    The applicant is permitted to withdraw 50% of the
           amount out of the amount deposited by the appellant in
           this Court, with accrued interest thereon, on furnishing
           usual undertaking to the satisfaction of the learned
           Registrar (Judicial) of this Court.         The remaining
                                                              ca8580.26
                                      -3-

             amount be kept in fixed deposit in any nationalized
             bank till disposal of the appeal.

       II.   The civil application for withdrawal of amount stands
             disposed of accordingly.



                                        (SANJAY A. DESHMUKH, J.)

rlj/

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