The New India Assurance Co. Ltd. through Its Branch Manager Vs Haribhau Munjaji Wakle and Ors. — Bombay HC (2025) — LawSathi Research

The New India Assurance Co. Ltd. through Its Branch Manager Vs Haribhau Munjaji Wakle and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 71 days in filing the first appeal condoned and appeal to be registered; stay granted to the impugned judgment and award till pendency of the appeal; applicant permitted to withdraw 50% of the deposited amount with accrued interest on furnishing usual undertaking, with the remaining amount kept in fixed deposit in a nationalized bank till disposal of the appeal; notice in the appeal returnable on 13th February, 2026.

Issue for consideration

Whether the delay of 71 days in filing the first appeal should be condoned. +2 more

Court's answer

The delay of 71 days in filing the first appeal stands condoned for the reasons stated in the application; the condonation application is allowed in the interest of justice and the appeal is to be registered.

Ratio / Principle

Since the appellant has already deposited the amount as per the impugned judgment and award in the High Court, stay is granted to the impugned judgment and award till the pendency of the appeal; the stay application stands disposed of.

Key takeaways

The applicant is permitted to withdraw 50% of the amount deposited in Court, with accrued interest thereon, on furnishing the usual undertaking.ratio¶39
The remaining deposited amount is to be kept in fixed deposit in any nationalized bank till disposal of the appeal.ratio¶39

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Sanjay A. Deshmukh, J.), order dated 19-12-2025 in Civil Application Nos. 13923, 9327 and 9328 of 2025 in First Appeal FAST/23798/2025 (Haribhau Munjaji Wakle v. The New India Assurance Co Ltd): (i) delay of 71 days in filing the first appeal condoned and appeal ordered to be registered; (ii) since the appellant had already deposited the awarded amount in Court, execution of the impugned judgment and award stayed till pendency of the appeal; (iii) on the withdrawal application (opposed by the appellant's counsel), the applicant permitted to withdraw 50% of the deposited amount with accrued interest on furnishing usual undertaking, the balance to be kept in fixed deposit in a nationalized bank till disposal of the appeal; (iv) notice in the appeal returnable on 13-02-2026, waived by counsel for respondent Nos. 1 & 2.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

934 CIVIL APPLICATION NO. 13923 OF 2025

IN FAST/23798/2025

HARIBHAU MUNJAJI WAKLE VERSUS

THE NEW INDIA ASSURANCE CO LTD THROUGH ITS BRANCH MANAGER

Advocate for Applicant : Mr. Mayure C. Pramod. Advocate for Respondent No.1 : Mr. Manoj D. Shinde.

WITH

CIVIL APPLICATION NO. 9327 OF 2025 IN FAST/23798/2025

THE NEW INDIA ASSURANCE CO LTD THROUGH ITS BRANCH MANAGER

VERSUS

HARIBHAU MUNJAJI WAKLE AND OTHERS

Advocate for Applicant : Mr. Manoj Dharmaraj Shinde. Advocate for Respondent Nos.1 & 2 : Mr. P. C. Mayure.

… WITH CIVIL APPLICATION NO. 9328 OF 2025 IN FAST/23798/2025

CORAM : SANJAY A. DESHMUKH, J. DATE : 19^th December, 2025.

P.C.:

1 Heard the learned counsel for the parties. Perused the applications.

Application for condonation of delay:

2 This is an application for condonation of delay of 71 days caused

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in filing the first appeal.

3 For the reasons stated in the application, the delay stands condoned. The application stands allowed in the interest of justice. Appeal be registered.

Application for stay:

4 This is an application seeking stay to the execution of the impugned judgment and award.

5 Since the appellant has already deposited the amount as per the impugned judgment and award in this Court, there shall be stay to the impugned judgment and award till the pendency of the appeal. The application stands disposed of.

Appeal:

6 Issue notice to respondents, returnable on 13^th February, 2026.

Mr. P. C. Mayure, learned counsel waives notice on behalf of respondent Nos.1 & 2.

Application for withdrawal of amount:

7 This application is for withdrawal of the amount deposited by the

appellant in this Court as per the impugned judgment and award.

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8 The learned counsel for the appellant strongly opposes the application.

9 For the reasons stated in the application and considering the arguments of both the sides, the following order is passed :-

O R D E R

I. The applicant is permitted to withdraw 50% of the amount with accrued interest thereon deposited in this Court on furnishing usual undertaking. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

II. With this, the civil application for withdrawal of amount stands disposed of.

[ SANJAY A. DESHMUKH, J. ]

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