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2025 DAILYLAW 26152 (BOM)

Syed Saleem s/o Syed Lal and ors v. Bajaj Allianz General Insurance Company Thr its Manager Authorized Signatory, Bajaj Motor and ors

CA/9695/2025 · 2025-09-10

Shri Ajit B Kadethankar

body2025

Judgment text

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( 1 ) 961 CA 9695 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 961 CIVIL APPLICATION NO. 9695 OF 2025 IN FAST/30805/2024 SYED SALEEM S/O SYED LAL AND ORS VERSUS BAJAJ ALLIANZ GENERAL INSURANCE COMPANY THR ITS MANAGER AUTHORIZED SIGNATORY, BAJAJ MOTOR AND ORS ... Mr. H. I. Pathan, Advocate for Applicants Mr. M. R. Deshmukh, Advocate for Respondent/Insurance Company Mr. A. S. Usmanpurkar, Advocate for Respondent No.3 … CORAM : AJIT B. KADETHANKAR, J. DATE : 10th SEPTEMBER 2025 PER COURT :- 1. The applicants have filed this Civil Application seeking withdrawal of the amount deposited the respondent/Insurance Company. 2. Mr. Pathan, learned counsel for the applicants submits that the applicants are in dire need of money and have not received the fruits of the trial that was conducted in the learned Tribunal. 3. Mr. Deshmukh appearing for the respondent/Insurance Company submits that if the Civil Application is allowed and the amount deposited by respondent/Insurance Company allowed to be withdrawn, the very purpose of the appeal shall stand frustrated. 4. Heard both the parties. 5. In the circumstances, I am of the considered view that if 90 ( 2 ) 961 CA 9695 OF 2025 percent of the amount deposited by the respondent/Insurance Company in the appeal is allowed to be withdrawn by the applicants, it shall protect the interest of the respondent/Insurance Company. Hence I pass following order :- ORDER a. Civil Application is partly allowed. b. Applicants are permitted to withdraw 90 percent of the amount deposited by respondent/Insurance Company. c. Applicants to furnish usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. 5. List the matter on 15.09.2025. [AJIT B. KADETHANKAR, J.] PRW