Bombay High Court
CHOLA MS GENERAL INSURANCE COMPANY LTDversusCHAYA RAMESH ZINZADE AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The Court held that the delay in filing the first appeal was condonable and that a stay of execution was appropriate, allowing both applications.
Summary
The High Court of Bombay, Aurangabad Bench, entertained two civil applications filed alongside a first appeal. The first application sought condonation of a nine‑day delay in filing the first appeal; the Court, finding no deliberate delay, allowed the application and condoned the delay. The second application requested a stay of execution of the impugned judgment and award; the Court, noting that the entire amount had been deposited, granted the stay. Both applications were subsequently disposed of. The Court also issued notice for the first appeal, with the respondent’s counsel waiving service of notice. The orders were made in the interest of justice.
Issues considered
- Whether a delay of nine days in filing a first appeal can be condoned.
- Whether a stay of execution of the judgment and award should be granted when the amount is deposited.
- Whether waiver of service of notice by the respondent is permissible.
Subjects
- condonation of delay
- stay of execution
- first appeal
- civil application
- interest of justice
- waiver of service
Judgment
2026:BHC-AUG:797
924-ca-13622-2025
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 13622 OF 2025
IN FAST/26424/2025
Chaya Ramesh Zinzade
VERSUS
Nagesh Kundlikrao More
...
Mr. Narayan Yashvantrao Chavan, Advocate for Applicant
Mr. Abhijit Choudhari, Advocate for Respondent no.2
...
WITH
CIVIL APPLICATION NO. 10177 OF 2025
IN FAST/26424/2025
WITH
CIVIL APPLICATION NO. 10178 OF 2025
IN FAST/26424/2025
CORAM : SANJAY A. DESHMUKH, J.
DATED : 08th JANUARY, 2026
PER COURT :-
CIVIL APPLICATION NO. 10177 OF 2025
1. This is an application seeking condonation of delay of 09
days caused in filing the present First Appeal.
2. Perused the application. Heard learned Advocate for both
the sides.
3. On perusal of the application, it appears that delay is not
deliberately caused and the application deserves to be allowed in the
interest of justice. Hence, following order:-
924-ca-13622-2025
-2-
ORDER
a. Civil Application is allowed.
b. Delay of 09 days caused in filing First Appeal is hereby
condoned.
c. Civil Application stands disposed of.
CIVIL APPLICATION NO. 10178 OF 2025
1. This is an application for granting stay to the execution and
operation of the impugned judgment and award.
2. Learned Advocate for the appellant submits that the entire
amount as per the impugned judgment and award is deposited in this
Court.
3. Considering the above fact, it would be proper to allow the
application and the same is allowed in terms of prayer clause ‘B’.
4. Civil Application stands disposed of.
FIRST APPEAL ST. NO.26424 OF 2025
1. Issue notice to the respondents, returnable on 13.02.2026.
Learned Advocate Mr. Abhijit Choudhari waives service of notice for
respondent nos.1 and 2.
2. Call Record and Proceedings.
(SANJAY A. DESHMUKH, J.)
Rushikesh/2025
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