Bombay High Court

CHANDRAKALA RAMDAS DUSANE AND ORSversusTHE NEW INDIA ASSURANCE CO LTD

Decided: 6 October 2026
Disposal: Allowed

Holding

The civil application for withdrawal of the deposited amount is disposed, permitting the disbursement as per the earlier appeal order.

Summary

The New India Assurance Co. Ltd. appealed a decree and the appeal was disposed by an order dated 4 July 2014. Subsequently, the applicants, Chandrakala Ramdas Dusane & Anr., filed a civil application seeking withdrawal of the amount that had been deposited in the court pursuant to the appeal decision and the award. The appellant‑insurance company contended that the appeal had already been concluded and therefore the deposited amount should be released. The court considered the application as a procedural request to disburse the deposited sum in accordance with the earlier appeal order. Finding no substantive dispute and noting that the appeal had been fully decided, the court disposed of the civil application, effectively allowing the withdrawal of the deposited amount.

Issues considered

Whether the civil application for withdrawal of the amount deposited in the court should be entertained after the appeal had been disposed

Subjects

civil application
withdrawal of court deposit
appeal disposal
court order
procedural request

Judgment

HMK                                                       22. CAF-1527-2013.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                 CIVIL APPLICATION NO. 1527 OF 2013
                                 IN
                    FIRST APPEAL NO. 975 OF 2012

Chandrakala Ramdas Dusane & Anr.                    ….Applicants

IN THE MATTER BETWEEN
The New India Assurance Co. Ltd.                    ….Appellant

           Versus
Chandrakala Ramdas Dusane & Ors.          .…Respondents
_________________________________________________________
None for the Appellants.
Mr. Devendranath S. Joshi for the Respondent.
_________________________________________________________

                                 CORAM : S. M. MODAK, J.
                                 DATED : 06th OCTOBER 2026


P. C. :

1.        It is submitted by the learned Advocate Mr. Joshi for the
Appellant-Insurance Company that the Appeal has already disposed of
vide order dated 04th July, 2014.

2.        This Civil Application is filed for withdrawal of the amount
deposited in the Court. Amount has to be disbursed as per the decision
in Appeal and as per the Award.


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HMK                                                        22. CAF-1527-2013.doc


3.    Hence, Civil Application is disposed of.




                                                 [ S. M. MODAK, J. ]




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Lawyer court records for this case

Associated through the court’s case reference.

Devendranath S Joshi