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2025 DAILYLAW 3561 (BOM)

CHAYA RAMESH ZINZADE v. Nagesh Kundlikrao More

CA/13622/2025 · 2026-08-18

body2025

Judgment text

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21 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 21 CIVIL APPLICATION NO. 13622 OF 2025 IN FA/314/2026 CHAYA RAMESH ZINZADE VERSUS NAGESH KUNDLIKRAO MORE ... Advocate for Applicant : Mr. Narayan Yashavantrao Chavan Advocate for Respondent No.2 : Mr. Abhijit Choudhari ... CORAM : SACHIN S. DESHMUKH, J. Date : 18.08.2026 PER COURT :- 1. The application is taken out seeking withdrawal of the amount, which is deposited by the Insurance Company pursuant to the award rendered by the claims tribunal. 2. The application is resisted by Mr. Abhijit Choudhari, learned counsel for the Insurance Company, stating that the driver of offending vehicle involved in the present case is also involved in the other offences, as such, has submitted that the involvement of vehicle is seriously doubtful. 3. However, considering the fact that the same was put- forth before the tribunal by the Appellant Insurance Company, and after considering the same, the tribunal has endorsed entitlement of the claimant. As such, I am persuaded to allow the application. 2026:BHC-AUG:37328 21 -2- 4. Thus, the application is partly allowed. The applicants are permitted to withdraw 50% of the deposited amount in this court along with accrued interest thereon. 5. The applicants shall furnish usual undertaking that disbursement would remain subject to final outcome of the appeal. 6. The balance amount shall be kept in Fixed Deposit of any Nationalized Bank initially for the period of three (03) years, which is to be renewed periodically until further orders of this court. (SACHIN S. DESHMUKH, J.) marathe