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Bombay High Court

CHOLA MS GENERAL INSURANCE COMPANY LTDversusCHAYA RAMESH ZINZADE AND OTHERS

Disposal
Admitted/Allowed/Granted/Rule Absolute

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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