Dhanashri Umesh Sable v. Mahalaxmi Touous and Travels and anr.
CA/6195/2026 · 2026-09-24
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13143 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13143 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
25 CA6195.2026+ -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 6195 OF 2026 IN FA/1288/2026 DHANASHRI UMESH SABLE VERSUS MAHALAXMI TOURS AND TRAVELS AND ANR. ... Advocate for Applicants : Mr. Jaydeep Samadhan Kadam Advocate for Respondent No.2 : Mr. A. S. Usmanpurkar ... WITH CIVIL APPLICATION NO. 1931 OF 2026 WITH FA/1288/2026 NATIONAL INSURANCE CO. LTD. SECUNDARABAD T/H DIVISIONAL MANAGER VERSUS DHANASHRI UMESH SABLE AND OTHERS … Advocate for Applicant / Appellant : Mr. A. S. Usmanpurkar Advocate for Respondents No.1 to 4 : Mr. Jaydeep S. Kadam ... CORAM : SACHIN S. DESHMUKH, J. Date : 24.09.2026 PER COURT :-
1. Heard. CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT
2. The Appellant – Insurance Company has presented the appeal, while raising an objection to the compensation awarded by the tribunal, partly allowing the claim petition of the 2026:BHC-AUG:44570
25 CA6195.2026+ -2- applicants. Pursuant to the order of this court, the insurance company has deposited the amount awarded by the tribunal. 3. The applicants have presented this application seeking withdrawal of the amount of compensation awarded by the tribunal, which is deposited by the Insurance Company. 4. Considering the facts and circumstances that the entitlement of the applicants is endorsed by the tribunal after considering the rival contentions of the litigating sides and to strike the balance in the competing interest, it will be appropriate to permit the applicants to withdraw the amount. 5. Thus, the application is partly allowed. The applicants are permitted to withdraw 25% on furnishing undertaking and 25% on Solvent Security to the satisfaction of the Registrar Judicial of this court, of the deposited amount in this court along with accrued interest thereon. 6. The applicants shall furnish usual undertaking that disbursement would remain subject to final outcome of this appeal. 7. 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. 25 CA6195.2026+ -3- CIVIL APPLICATION FOR STAY
8. Mr. A. S. Usmanpurkar, learned counsel for the Appellant – Insurance Company submits that as per order dated 16.02.2026 of this court, the Appellant has deposited entire awarded amount. As such, he submits that ad-interim stay granted may be made absolute. 9.
As such, Order dated 16.02.2026 granting ad interim stay is made absolute in terms of Prayer Clause “B”. Accordingly, the Civil Application is allowed FIRST APPEAL
10. Admit. 11. Mr. Jaydeep S. Kadam, learned counsel accepts notice on behalf of Respondents No.1 to 4. 12. Hearing of the First Appeal is expedited. (SACHIN S. DESHMUKH, J.) marathe