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Bombay High Court

GEETA MAROTI DASARWAD AND ORS.versusTHE NEW INDIA ASSURANCE CO. LTD., THR ITS ITS BRANCH MANAGER AND ANR.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court permitted the applicants to withdraw the entire amount deposited by the insurance company together with accrued interest.

Summary

The applicants, Geeta Maroti Dasarwad and others, filed a civil application seeking the court’s permission to withdraw the sum deposited by The New India Assurance Co. Ltd. The court examined the prayer clause B of the application, which requested withdrawal of the entire deposited amount with interest. Finding no impediment, the judge allowed the application, directing that the applicants may withdraw the deposited amount along with accrued interest. The order also referenced the dismissal of the insurance company’s appeals dated 30.03.2026, extending the withdrawal permission to all connected matters. Consequently, the civil application was disposed of in favor of the applicants.

Issues considered

  • Whether the court can order the withdrawal of the amount deposited by the insurance company along with accrued interest

Subjects

  • civil application
  • withdrawal of deposit
  • insurance company
  • interest
  • court order

Judgment

2026:BHC-AUG:39525
                                                                          926-CA-9528-2026.odt
                                                 1


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                 926 CIVIL APPLICATION NO. 9528 OF 2026 IN FA/1690/2019

                              Geeta Maroti Dasarwad And Others
                                             VERSUS
                              The New India Assurance Co. Ltd.,
                          Through Its Its Branch Manager And Another

                                             ……
          Mr. S.S. Kulkarni, Advocate for Applicants
          Mr. H.H. Padalkar, Advocate h/f Mr. D.P. Deshpande, Advocate for
          Respondent No.1
                                              …...

                                          CORAM : SIDDHESHWAR S. THOMBRE, J.
                                          DATE       : 29 AUGUST, 2026
          PER COURT :

          1.     By this application, the applicants seek permission to withdraw the

          amount deposited by the Insurance Company.


          2.     Considering the averments made in the application, the Civil

          Application is allowed in terms of prayer clause ‘B’, which reads thus:


                 “(B) The applicant may kindly be permitted to withdraw

                 entire amount which is deposited by the appellant in this

                 Hon’ble Court.”


          3.     In view of the above, the claimants are permitted to withdraw the

          amount deposited by the appellant/Insurance Company, along with accrued

          interest thereon.
                                                                   926-CA-9528-2026.odt
                                         2

4.         Since the appeals filed by the appellant/Insurance Company have

been dismissed by the common order dated 30.03.2026, this order shall

apply to all other connected matters. The claimants therein are also

permitted to withdraw the amount deposited by the Insurance Company,

along with accrued interest thereon.



5.         The Civil Application stands disposed of accordingly.



                                              [ SIDDHESHWAR S. THOMBRE ]
                                                        JUDGE
S P Rane


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