Bombay High Court
CA/11727/2026 of USHA BASWARAJ PATIL AND ORS. Vs M/S NEW INDIA ASSURANCE CO. LTD. AURANGABAD AND ORS. on 9 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 11727 OF 2026 IN FA/2048/2008 USHA BASWARAJ PATIL AND ORS. VERSUS M/S NEW INDIA ASSURANCE CO. LTD. AURANGABAD AND ORS. ... Advocate for Applicants : Mr. N. D. Kendre h/f Mr. Uddhav Laxmanrao
953-CA.11727-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
953 CIVIL APPLICATION NO. 11727 OF 2026
IN FA/2048/2008
USHA BASWARAJ PATIL AND ORS.
VERSUS
M/S NEW INDIA ASSURANCE CO. LTD. AURANGABAD AND
ORS.
...
Advocate for Applicants : Mr. N. D. Kendre h/f Mr. Uddhav Laxmanrao Momale.
Advocate for Respondent No.1 : Mr. V. N. Upadhye.
...
CORAM : MANJUSHA A. DESHPANDE, J.
DATE : 09.10.2026
PER COURT
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1. This Civil Application is filed by the applicants for withdrawal of the balance amount with accrued interest deposited by the insurance company, who is the original appellant in the appeal.
2. According to the applicants, respondent herein New India Assurance had preferred First Appeal No.2048 of 2008 which was decided by this Court on 24.07.2026 by dismissing the appeal. During the pendency of the appeal, the applicants were allowed to withdraw partial amount deposited by the insurance company. It is submitted that, now since the appeal filed by the insurance company is dismissed vide order dated 2026:BHC-AUG:48305
953-CA.11727-26.odt 24.07.2026, the balance amount may kindly be allowed to be withdrawn. The judgment dismissing the appeal is placed on record.
3. In view thereof, the application is allowed in terms of prayer clause “B” and is disposed of accordingly. (MANJUSHA A. DESHPANDE, J.) ... vmk/-