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2026 DAILYLAW 3509 (BOM)

R L STEELS AND ENERGY LIMITED. v. THE NEW INDIA ASSURANCE CO LTD.

CA/8814/2026 · 2026-08-20

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 1 ) 907-CA-8814-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 907 CIVIL APPLICATION NO. 8814 OF 2026 IN FA/2267/2025 R L Steels And Energy Limited. VERSUS The New India Assurance Co Ltd. ... Mr. P. R. Katneshwarkar, Senior Advocate i/by Mr. B. B. Yenge, Advocate for Applicant. Ms. Anagha V. Rotte, Advocate for Respondent. CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 20th AUGUST 2026. PC :- 1. Heard Mr. Katneshwarkar, learned Senior Advocate for the Applicant, and Ms. Rotte, the learned Advocate for Respondent/Insurance Company. 2. This application is preferred seeking withdrawal of the amount as per judgment and order dated 22/06/2026 passed by this Court in First Appeal. The amount is already deposited in the office of this Court as per decree passed by the trial Court and is lying in deposit as on today. ( 2 ) 907-CA-8814-2026 3. This Court, by way of judgment and award, partly allowed the appeal holding that the applicant is entitled to get the amount of Rs.79,41,114/- with interest at the rate of 14% per annum. 4. Now, the application is vehemently opposed by the learned Advocate for the respondent/Insurance Company. She has also filed an affidavit-in-reply. The main ground of opposition is that the applicant/Orig. respondent is intending to file SLP in the Hon’ble Supreme Court. Second ground is about rate of interest. Orally, it is argued that this Court has extended the interim relief by way of six weeks from the date of judgment and award. Now, it is only a question of four weeks for the expiry of limitation of 90 days. If the amount is withdrawn, it would cause prejudice to the rights of the parties. She submits that in case the amount is to be withdrawn atleast bank guarantee be taken from the applicant to secure the interest of respondent. She also submits that the rate of interest is also a matter of serious contest. The applicant be allowed to withdraw only the amount without interest. She thus submits that the application deserves to be rejected. ( 3 ) 907-CA-8814-2026 5. This Court has considered the submissions. Now, there are two Courts in favour of the applicant. This Court does not see any impediment in allowing the application. The only anxiety of the respondent can be addressed by taking sufficient care. Hence, following order: ORDER (i) Civil Application stands allowed. (ii) The applicant is permitted to withdraw an amount of Rs.79,41,114/- alongwith interest at the rate of 14% per annum till the date of deposit of amount in the office of this Court and thereafter at the bank rate till the date of withdrawal. (iii) The withdrawal be permitted on furnishing undertaking stating that in case the judgment and decree is varied by the Hon’ble Apex Court, the applicant shall deposit the amount within 12 weeks thereafter alongwith interest. (iv) It is open for the Respondent/Insurance Company to pray for refund of the balance amount. 6. With these, civil application stands disposed off. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] D.A.ETHAPE