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Bajaj Allianz General Insurance Co. Ltd. v. Shobha Prakash Saptal and Others

Bombay HC13 Mar 2026CA/2715/2025

Case brief

AI extract

What is this about?

Bajaj Allianz General Insurance Co Ltd; Bhagyashri Pravin Pawar; First Appeal No. 516 of 2025; First Appeal No. 518 of 2025; Civil Application No. 2715 of 2025; Aurangabad Bench; Sanjay A. Deshmukh; stay to execution of judgment and award; withdrawal of deposited award amount; 50% withdrawal with accrued interest; undertaking to Registrar (Judicial); fixed deposit in nationalized bank; involvement of offending vehicle seriously doubtful; 17 March 2026.

What did the court decide?

Stay to execution of the impugned judgment and award till pendency of the appeals; claimants permitted to withdraw 50% of the appellant's deposit with accrued interest on furnishing usual undertaking to the Registrar (Judicial); balance directed to be kept in fixed deposit in a nationalized bank till disposal of the appeal. ¶28

Bajaj Allianz General Insurance Co. Ltd. vs Shobha Prakash Saptal and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether stay should be granted to the execution of the impugned judgment and award pending the appeals (Civil Application No. 2715 of 2025). +1 more

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Court's answer

There shall be stay to the impugned judgment and award till the pendency of the appeal, and Civil Application No. 2715 of 2025 stands disposed of.

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Ratio / Principle

The applicants are permitted to withdraw 50% of the amount deposited by the appellant in this Court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial).

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Key takeaways

The remaining deposited amount is to be kept in fixed deposit in any nationalized bank till disposal of the appeal.ratio¶31
The civil applications for withdrawal of amount stand disposed of.ratio¶32

Detailed headnote1 paragraphs

Interim order of the High Court of Judicature at Bombay, Aurangabad Bench (Sanjay A. Deshmukh, J., 17 March 2026) in First Appeal No. 516 of 2025 (with First Appeal No. 518 of 2025 and Civil Applications Nos. 11526, 11063 and 2715 of 2025), Bajaj Allianz General Insurance Co Ltd v. Bhagyashri Pravin Pawar and others. (1) Civil Application No. 2715 of 2025 seeking stay of execution of the impugned judgment and award is disposed of with a stay granted till pendency of the appeals, the appellant-insurer having already deposited the entire award amount in Court. (2) On the claimants' applications for withdrawal of the deposited amount - opposed by the insurer on the ground that involvement of the offending vehicle is 'seriously doubtful' - the Court permits withdrawal of 50% of the deposit with accrued interest on furnishing usual undertaking to the learned Registrar (Judicial), and directs that the remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

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959 fa.516.25.odt

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

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959 FIRST APPEAL NO. 516 OF 2025

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BAJAJ ALLIANZ GENERAL INSURANCE CO LTD VERSUS BHAGYASHRI PRAVIN PAWAR AND OTHERS

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Advocate for Appellant : Mr. Mohit Rameshrao Deshmukh. Advocate for Respondent Nos.1 & 2 : Mr. Mohit S. Shah.

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WITH

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FIRST APPEAL NO. 518 OF 2025 WITH

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CIVIL APPLICATION NO. 11526 OF 2025 IN FA/518/2025 WITH

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CIVIL APPLICATION NO. 11063 OF 2025 IN FA/516/2025 WITH

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CIVIL APPLICATION NO. 2715 OF 2025 IN FA/518/2025

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CORAM : SANJAY A. DESHMUKH, J. DATE : 17^th March, 2026.

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P.C.:

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CIVIL APPLICATION NO. 2715 OF 2025

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1 This is an application seeking stay to the execution of the

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impugned judgment and award.

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2 The learned counsel for the applicant / appellant submits that the

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entire amount as per the impugned judgment and award is deposited in this Court.

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959 fa.516.25.odt

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3 In view of the above, there shall be stay to the impugned judgment and award till the pendency of the appeal. The application stands disposed of.

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Applications for withdrawal of amount:

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

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5 This applications are for withdrawal of the amount deposited by the appellant in this Court as per the impugned judgment and award.

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6 The learned counsel for the appellant / insurance company strongly opposed the application and submitted that the involvement of the offending vehicle is seriously doubtful and therefore, the applications cannot be allowed.

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

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O R D E R

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I. The applicants are permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this Court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount

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959 fa.516.25.odt

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be kept in fixed deposit in any nationalized bank till disposal of the appeal.

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