Bombay High Court

MR. GANESH SHANKAR PADWALversusIFFCO TOKYO GENERAL INSURANCE CO. LTD.

Disposal: Allowed
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

The court allowed the withdrawal of the deposited amount subject to an undertaking to redeposit if the appeal is allowed.

Summary

The applicant, Mr. Ganesh Shankar Padwal, filed an interim application seeking withdrawal of Rs.41,373 deposited by the respondent insurance company in the appeal. The court noted that the deposit was made and the respondent had been duly served with notice. The applicant’s counsel submitted an affidavit of service and acknowledgment receipts. The court allowed the interim application, permitting the applicant to withdraw the deposited amount with interest, subject to an undertaking to redeposit if the appeal is later allowed. The registry was directed to release the amount within four weeks upon receipt of the undertaking, and the interim application was disposed of.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited by the respondent pending the outcome of the appeal

Subjects

interim application
deposit withdrawal
civil appellate jurisdiction
insurance
undertaking

Judgment

                                                           36-IA-935-2026 (C).doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 935 OF 2026
                                    IN
                       FIRST APPEAL NO. 184 OF 2016

Mr. Ganesh Shankar Padwal                                   ...Applicant
       Versus
Iffco Tokyo General Insurance Co. Ltd.                      ...Respondent


                            ——————
Ms. Shama Mulla i/b. Ms. Preetam Raje, Advocate for the Applicant.
                            ——————

                                    Coram :       MEHROZ K. PATHAN, J.,

                                    Date      :   AUGUST 6, 2026.

P. C. :

1.        The present Interim Application is filed seeking withdrawal of the

amount deposited before this Court.

2.        The office note indicates that an amount of Rs.41,373/- has been

deposited by the appellant–Insurance Company. The office further reports

that notice issued by this Court to the appellant–Insurance Company has

been duly served.

3.        Ms. Mulla, learned counsel for the applicant, has filed an affidavit

of service along with the acknowledgment receipts evidencing service

upon the appellant–Insurance Company.


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                                                       36-IA-935-2026 (C).doc


4.    Taking into consideration that the appellant–Insurance Company

has been duly served and the amount deposited by it is lying with this

Court, Interim Application No.935 of 2026 is allowed. The applicant–

claimant is permitted to withdraw the amount of Rs.41,373/-, together

with accrued interest, if any, subject to filing an undertaking before this

Court that, in the event the appeal is allowed, the applicant shall

redeposit the said amount together with the interest as may be directed

by this Court.

5.    Upon filing of such undertaking, the Registry shall release the

aforesaid amount together with accrued interest, if any, in favour of the

applicant–claimant, without insisting upon any further application,

within a period of four weeks.

6.    In view of the above, the Interim Application stands disposed of.



                                            [MEHROZ K. PATHAN, J.]




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